Workers win unfair dismissal cases in court
28-AUG-2008 Intellasia | Thanhniennews
Aug 28, 2008 - 7:00:00 AM
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Some workers claiming they were illegally fired have taken their companies to court and had their jobs reinstated recently.
Le Minh Nguyet said she signed a permanent labour contract with the Hanoi representative office of UK-based company The Crown Agents for Oversea government and Administrations Limited in November 2005.
She said she was fired in January 2007 despite commendation notes and wage increases every year based on her good performance. The company told her she was being retrenched due to restructuring, she said. According to Nguyet, she had worked as a project manager for more than US$1,800 per month. Nguyet then lodged a complaint with Hanoi's People's Court, for unfair dismissal.
On July 11 this year, the appeals court heard that the representative office of Crown Agents did not restructure but only replaced the project manager. The court ordered the company to re-employ Nguyet and compensate "material losses" from the sacking. Nguyet's lawyer Phan Thi Huong Thuy from Hanoi-based Hoang Long Law Office said illegal dismissals were increasing.
She said only a few such employees filed a lawsuit as they weren't aware of their rights according to the Labour Code and they couldn't afford it.
In a similar case in Hanoi recently, Nguyen Thi Nhat Tan took her employer, Bien Viet Securities Joint Stock Company, to Dong Da District's People's Court and won her job back.
According to Tan, she always completed assignments well and was entrusted with administrative and human resources work.
In January this year, the company raised her monthly salary to 3 million dong (US$180) from 2.2 million dong (US$132).
Three months later, Bien Viet Securities Co fired Tan for "continuously failing to fulfil assigned work" but failed to supply any evidence.
Tan filed a lawsuit, and in June, the court found she was unfairly dismissed and ordered the company to reinstate her with wage compensation.
Thuy said unfair dismissals were also common before Tet (Lunar New Year) because companies wanted to avoid paying bonuses.
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