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Pay in the case of dismissal

Fri, 12 Apr 2019 11:48:21 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Mr. Pham Ngoc Minh (in Ninh Thuan Province) works  as a security guard for a security service company and signed a labor contract. He voluntarily quited his job for more than 5 days in a month, so on the day of receiving the salary, the company did not payhim. He would like to ask, what doeshe need to do to get the 17-day salary that his company is holding?

Regarding this issue, – the Department of Labor, War Invalids and Social Affairs of Ninh Thuan Province responded as follows:

According to information provided by Mr. Pham Ngoc Minh, he voluntarily quited his job for more than 5 days a month, but he does not specify whether the company decided to fire him. If there was a dismissal decision, then Clause 3, Article 126 of the  Labor Code2012 states:

" Dismissal shall be applied by an employer as a means of disciplinary measure in the following circumstances:: ...

3. Where an employee has been absent from work for 05 accumulated days in 01 month or 20 accumulated days in 01 year without a proper reason..

Proper reasons include: natural calamities or fires; the employee or his/her family member suffers from illness with a certification by a competent health care institution; and other reasons as stipulated in the internal work regulations.”.

Article 47 of the Labor Code 2012 stipulates that, in the case of an employee's dismissal, the enterprise must perform the following obligations:

“1. At least 15 days prior to the date of the expiry of a definite term employment contract, the employer must give a written notice to the employee regarding the time for such termination.

2. Within 07 working days following the termination of an employment contract, the two parties shall settle all payments in respect of their rights and interests of the two parties; in special cases, such period may be extended, but shall not exceed 30 days.

 3. The employer shall be responsible for completing the verification procedure and return the social insurance book, and other documents of the employee which are kept by the employer.

4. Where an enterprise or cooperative ceases its operation, dissolves, enters into bankruptcy, the wage, severance allowance, social insurance, health insurance, unemployment insurance and other benefits of employees as stipulated in the collective bargaining agreement and the signed employment contracts shall be the priority payments.”.

Mr. Pham Ngoc Minh can make a first complaint to the company to request payment of the working days before being fired.

In case the company does not resolve the complaint in accordance with the law, Mr. Minh may file a complaint to the Department of Labor, War Invalids and Social Affairs Inspector for handling according to current regulations.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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