04 judgments on termination vtv5 trực tiếp bóng đá hôm nay contracts with employees raising children under 12 months old in Vietnam

According to the provisions vtv5 trực tiếp bóng đá hôm nay Article 37 vtv5 trực tiếp bóng đá hôm nay Vietnam's Labor Code 2019:

"Article 37. Cases in which an employer is prohibited from unilaterally terminating an employment contract

1. The employee is suffering from an illness or work accident, occupational disease and is being treated or nursed under the decision vtv5 trực tiếp bóng đá hôm nay a competent health institution, except for the cases stipulated in Point b Clause 1 Article 36 vtv5 trực tiếp bóng đá hôm nay this Labor Code.

2. The employee is on annual leave, personal leave, or any other types vtv5 trực tiếp bóng đá hôm nay leave permitted by the employer.

3. The employee is pregnant, on maternal leave orraising a child under 12 months vtv5 trực tiếp bóng đá hôm nay age."

"Article 122. Principles and procedures for taking disciplinary measures at work

 

...

4. No disciplinary measure shall be taken against an employee during the period when:

a) The employee is taking leave on account vtv5 trực tiếp bóng đá hôm nay illness or convalescence; or on other types vtv5 trực tiếp bóng đá hôm nay leave with the employer’s consent;

b) The employee is being held under temporary custody or detention;

c) The employee is waiting for verification and conclusion vtv5 trực tiếp bóng đá hôm nay the competent agency for acts vtv5 trực tiếp bóng đá hôm nay violations, stipulated in Clause 1 and Clause 2 Article 125 vtv5 trực tiếp bóng đá hôm nay this Labor Code;

d) The employee is pregnant, on maternal leave or raising a child under 12 months vtv5 trực tiếp bóng đá hôm nay age."

According to the current labor law, the employer is not allowed to take labor discipline or unilaterally terminate the labor contract for the employee who is raising a child under 12 months old.However, how are the actual cases handled by the court? You can refer to some vtv5 trực tiếp bóng đá hôm nay the following judgments for more information:

1. Judgment No.Bản án vềon dispute over labor discipline in the form vtv5 trực tiếp bóng đá hôm nay dismissal

- Quotingthe content: "Ms. A joined the company on July 17, 2006, and signed an indefinite-term laborcontract.Before taking maternity leave, Ms. A worked as an accountant and office treasurer with a salary vtv5 trực tiếp bóng đá hôm nay 20,393,000 VND/month. In June 2014, Ms. A took maternity leave, so the company recruited a new accountant to replace her. The new accountant discovered that Ms. A had made some accounting errors. Therefore, when Ms. A came back to work on December 30, 2014, the General Director vtv5 trực tiếp bóng đá hôm nay the Company issued a decision 008-14 to transfer Ms. A to work as an accountant in another department from January 5, 2015, but Ms. A did not agree. and voluntarily left. After Ms. A complained, the company canceled the decision to transfer 008-14, issued a decision 008-15 on January 6, 2015 to arrange for Ms. A to be a statistical accountant, but Ms. A did not return to work. The company sent 3 notices asking Ms. A to come and receive the decision and work, but Ms. A did not come and continued to rest. On March 20, 2015, the company held a meeting to handle labor discipline and fired Ms. A with the excuse vtv5 trực tiếp bóng đá hôm nay voluntarily leaving work for5days without a valid reason.

- Results vtv5 trực tiếp bóng đá hôm nay settlement: "The People's Court vtv5 trực tiếp bóng đá hôm nay Hai Phong City announced that it partially accepted the plaintiff's claim: It was illegal to declare that Company I's dismissal vtv5 trực tiếp bóng đá hôm nay employee discipline against Ms. A wasillegal.Forcing Company I to: pay Ms. A the salary for the days when she cannot work, plus 02 months' salary: 469,039,000 VND; pay Ms. A a severance allowance vtv5 trực tiếp bóng đá hôm nay VND 25,491,250 with the A total vtv5 trực tiếp bóng đá hôm nay 494,530,250 VND."

2. Judgment No.Bản án on dispute over unilateral termination vtv5 trực tiếp bóng đá hôm nay labor contract

- Quoting the content: "The plaintiff works as a lawyer, this is a full-time job, so according to the provisions vtv5 trực tiếp bóng đá hôm nay the Labor Code 2012, at least the defendant must sign a 1-year labor contract with the plaintiff. but the fact that the defendant only signed a 10-month labor contract is against the law. It is also against the law to let the plaintiff quit while raising a child under 12 months old. Therefore, Ms. Viviane C requested HL Vietnam to be responsible for compensating her once as soon as the judgment takes effect, the amount vtv5 trực tiếp bóng đá hôm nay VND 146,880,000 due to the termination vtv5 trực tiếp bóng đá hôm nay the labor contract on April 30, 2016. .

- Result vtv5 trực tiếp bóng đá hôm nay settlement: “Accepting part vtv5 trực tiếp bóng đá hôm nay plaintiff's lawsuit claim. Forcing the defendant, H.L Law Firm, to pay the plaintiff Ms. Viviane C 12 days' salary for the unpaid leave under the Labor Contract vtv5 trực tiếp bóng đá hôm nay VND 4,080,000. Recognizing the willingness vtv5 trực tiếp bóng đá hôm nay H.L Law Firm to agree to support Ms. Viviane C with an amount vtv5 trực tiếp bóng đá hôm nay VND 20,400,000, equivalent to 2 months' salary.

3. JudgmentNo.Bản án vềon dispute over unilateral termination vtv5 trực tiếp bóng đá hôm nay labor contract

- Quoting the content: "Considering that while working at the Registration Center, Mr. T had committed a violation vtv5 trực tiếp bóng đá hôm nay not complying with the management vtv5 trực tiếp bóng đá hôm nay the unit's leaders in the registration vtv5 trực tiếp bóng đá hôm nay motor vehicles as cars, 29A-83791 dated November 2, 2018; then there were the acts vtv5 trực tiếp bóng đá hôm nay calling the leaders vtv5 trực tiếp bóng đá hôm nay the upper management agencies, which violated the organizational principles; Seeing that the Registration Center works on01 chain system, including many stages to inspect each motor vehicle, failure to comply with the management vtv5 trực tiếp bóng đá hôm nay an individual's manager can lead to shutting down the entire chain, affecting the revenue vtv5 trực tiếp bóng đá hôm nay the unit as well as the income vtv5 trực tiếp bóng đá hôm nay all employees in the unit, affecting the activities vtv5 trực tiếp bóng đá hôm nay other individuals and transport enterprises;Mr. T's violation was considered serious and should be disciplined in the highest form, which is dismissal according to the labor regulations vtv5 trực tiếp bóng đá hôm nay the Registry Center. However, Mr. T is raising a child under 12 months old, so he cannot unilaterally terminate the labor contract. Then it came to light that Mr. T is not the only member vtv5 trực tiếp bóng đá hôm nay the family who is directly raising the child. Therefore, there is no basis to accept this request.

- Result vtv5 trực tiếp bóng đá hôm nay settlement: The court declared not to accept the petition vtv5 trực tiếp bóng đá hôm nay plaintiff Mr. Nguyen Duc T.

4. Judgment No.Bản án vềon dispute over labor contract

- Quote from the content: "During my maternity leave, I was called by Mrs. H1 to instruct me to write an application for unpaid leave in April 2016. At the end vtv5 trực tiếp bóng đá hôm nay April 2016, I went to meet the station manager, Mr. Luu Anh T., and asked to come back to work. Mr. T said that the labor contract was signed incorrectly, the Internal Affairs Department and the Finance Department did not have a budget, and the radio no longer needed staff, so I was out vtv5 trực tiếp bóng đá hôm nay work.I wrote a letter expressing my desire to continue working because I had signed an indefinite-term labor contract.I always completed the assigned tasks during my work and did not make any mistakes, but Mr. T accepted the application without going to the agency to proceed. He did not let me go back to work, so I proposed that he give me a decision to quit, but Mr. T did not do it. I disagree with being terminated orally while raising my child,I have written many times to the relevant departments but it has not been completely resolved for me. "

- Result vtv5 trực tiếp bóng đá hôm nay settlement: The People's Court vtv5 trực tiếp bóng đá hôm nay Dak Lak province announced that it partially accepted her petition.

 

Key word: judgment in Vietnam | employee in Vietnam | employer in Vietnam | raising children in Vietnam | termination vtv5 trực tiếp bóng đá hôm nay labor contract in Vietnam | unilateral termination in Vietnam |

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