Illegally fired, what should employees do to claim their benefits?

Being fired illegally is a pressing issue for employees today. This is due to the employer’s reasons. Maybe they lack understanding of the law; or due to repression without complying with the grounds, principles, order and procedures for dismissal. That’s why, right now, together with Lawyer X, find out if the employee is illegally fired, what should the employee do to claim his/her benefits?

Legal grounds:

Labor Code 2019

Criminal Code 2015

Cases of not being disciplined and prohibited behavior when disciplining dismissal

According to Clauses 4 and 5, Article 122 of the Labor Code 2019; Employers are not allowed to discipline employees who are in the following cases:

Sick leave, convalescence; leave with the consent of the employer;

Being held in custody or temporary detention;

Waiting for the results of the agency competent to investigate, verify and draw conclusions for the violations specified in Clauses 1 and 2, Article 125 of this Code;

Pregnant female employees; employees taking maternity leave, raising children under 12 months old.

The employee violates labor discipline while suffering from mental illness; or another disease that causes loss of cognitive or behavioral control.

In particular, Article 127 of this Code also prohibits the following acts when handling labor discipline, including:

Firstly, Infringing upon the health, honor, life, reputation and dignity of employees.
Then, impose fines, cut wages instead of handling labor discipline.
Finally, handle labor discipline for employees whose violations are not specified in the labor regulations; or not agreed in the signed labor contract; or the labor law has no provisions.

Being fired illegally, what should employees do?

Where the employee believes that the employer’s dismissal is unreasonable and illegal; can be done in one of the following ways:

Option 1: Complaint about dismissal decision

The First: To the employer to request the cancellation of the dismissal decision.

The Second: Go to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs, where the employer is headquartered if the first complaint is not resolved or does not agree with the settlement.

Option 2: Mediation through Labor Mediator, Labor Arbitration Council

With dismissal discipline disputes, the employee may or may not use this method.

Base: Article 188 of the Labor Code 2019.

Option 3: File a lawsuit in Court

According to the regulations, the employee has the right to go directly to the district-level People’s Court; where the enterprise is headquartered for disputes over labor discipline in the form of dismissal.

(Based on: Article 188 of the Labor Code 2019)

Option 4: Report to the police agency

Make criminal denunciations to the investigating agency if the employer’s illegal dismissal shows signs of constituting the crime of forcing public employees to resign; or illegal dismissal of employees specified in Article 162 of the Penal Code 2015.

Particularly, if the employer finds out that his dismissal is wrong, it should be rectified immediately. However, the Case cannot be remedied; the employer needs to cancel the decision on dismissal; and apologize and compensate workers.

Illegally fired, what should employees do to claim their benefits?

A layoff does not mean that an employee loses his or her job. However, employees still enjoy the following benefits:

To be paid annual leave if not taking leave or not taking full leave:

Pursuant to Clause 3, Article 113 of the 2019 Labor Code; employees who have lost their jobs but have not taken annual leave or have not taken all annual leave days; the employer shall pay wages for the unpaid days.

• To be fully paid all amounts related to their interests according to Clause 1, Article 48 of the Labor Code 2019.

• To close the social insurance book and return it together with the originals of other papers that the employer has kept (if any).

• Receive unemployment benefits and benefits related to unemployment insurance if eligible.

Related article:

• In Vietnam, can public employees establish a business?
• Can public employees set up company under Vietnamese Law on Enterprise?

Frequently asked questions:

Services of LawyerX

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client Lawyer X will be 100% confidential.

Please contact us immediately if you have any questions about “Illegally fired, what should employees do to claim their benefits?”

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question about: “Illegally fired, what should employees do to claim their benefits?”. If you need any further information, please contact  LSX Law firm: +84846175333 or Email: [email protected]

Conclusion: So the above is Illegally fired, what should employees do to claim their benefits?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com