Dragon Lawyer advises on Labor Law
Questions that need Dragon Lawyer’s advice to workers and employees about Labor LawDear Dragon Lawyer/Attoney,
My name is Ha, now I am wondering about some of the problems involve in the Labour Law so I would like to receive your help. Could you please give me some advice!
Here is my situation:
I am working in a representative office of the ISS Company in District 1 – HCMC. The company has a factory located in the My Phuoc 2 Industrial Zone - Binh Duong.
I have signed a labor contract which lasts for 3 years (limited to 2014). However, on 11/08/2011, the Department of Human Resources called me to talk and asked me to resign immediately (without notice 30 days in advance). The company will support a month leading salary.
About a week later, the company called me to come to receive the termination and social insurance books. They then told me that the supporting money will be transferred into my account after a month.
1.Does the Company violate the Labor Law when they dismissed me (without notice 30 days in advance) ?
7. If the company had notified me 30 days in advance, could I have received the supporting money (the allowance)? What kinds of supports/allowance can I receive?
Dragon Law Firm/company, Law Advisory board back to you as follow:
Your contract is a labor contract which has a term of 1-3 years, so in accordance with Article 38 Labour Code in 2003 amended in 2007 stipulates that the employer may unilaterally terminate the employment contract as follows:
a) at least 45 days for labor contracts of indefinite term;
So the company which forced you to resign just one week after they notified you is against the law. You have the right to bring the case to the jurisdiction Court to force ISS company get you to come back to work or pay you the compensation for terminating you illegally. The court has jurisdiction is the People’s Court of My Phuoc district, Binh Duong Province, where the company has its headquarter.
The interests of workers when the contract is terminated.
In our opinion, you should contact the executive board of the company’s labor union for specific instructions and ask for help to protect your interests.
Dragon Law Firm
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