Enclosed is Draft Precedent No. 21 on determining the wage level as the basis for compensation when an employer illegally terminates a labor contract. This precedent, derived from Supervisory Review Decision No. 05/2023/LĐ-GĐT, provides critical guidance for resolving wage disputes in labor cases.
Key Insights:
According to Article 41 of the 2019 Labor Code, employers must compensate employees for unlawful termination, with compensation based on the wage stated in the labor contract. In cases where no wage evidence (e.g., payslips) is provided, the Court will rely on the wage used for social insurance contributions as the basis for compensation.
This precedent emphasizes the importance of maintaining accurate documentation in employment relationships to ensure fairness in disputes.
As a legal professional or HR manager, keeping track of these rulings is crucial to staying compliant with labor laws and protecting both employer and employee rights.
For more details on this topic, read the full analysis of Draft Precedent No. 21.
Link: https://drive.google.com/file/d/1ikCp3KuJmnhBXXFADgpcvnmEY0G3JPKH/view?usp=sharing
Should you need any legal support, don’t hesitate to reach out to our Lawyers & associates. We are honored to assist your legal need.
THE LAM LAW LLC
🏢Indochina Park Tower, # 4 Nguyen Dinh Chieu Str, Dakao Ward, Dist 1, Ho Chi Minh City.
📞Tel: +84 (0)28 710 58 222 – 6288 3798 – Hotline: +84 (0) 97 309 77 77
✉ Email: info@thelamlawllc.com
Related Posts
Key Insights from the Case: Arbitration Jurisdiction in Labor related Disputes
In Decision No. 755/2018/QĐ-PQTT of the People’s Court of Ho Chi Minh City, a dispute
Oct
Vietnam Mediation Moot (VMED 2024)
THE LAM LAW LLC – Your legal need, Our Mission is proud to participate as
Oct
Best Corporate & Commercial Law Firm 2024 – Vietnam
We are thrilled to announce that THE LAM LAW LLC – Your legal need, Our
Sep
Emoji in Electronic Contracts – Lessons from a Fascinating Canadian Ruling
As the world becomes more digital, the way we form agreements is evolving beyond traditional
Sep
Experience Notice No. 35/TB-VKS-DS on Civil Case Resolution
THE LAM LAW LLC would like to present to our esteemed readers The Experience Notice
Sep
Vietnam Port Industry Skill Forecast 2024-2028
The recently published Vietnam Port Industry Skill Forecast 2024-2028 highlights the critical importance of aligning
Sep