How Are Employees Protected When Illegally Dismissed in Vietnam?
Being suddenly dismissed from a job without clear reasons or in violation of legal procedures can seriously impact employees’ income, rights, and mental well-being. So, in such cases, can employees claim compensation or require the employer to fulfill insurance obligations? This article outlines the relevant legal provisions and practical guidance to help protect workers' lawful rights.
Legal support when being illegally terminated from employment
In the course of employment, many workers face the risk of being unilaterally terminated without prior notice or clear justification. In many cases, such termination violates labor laws, and employees have the full right to file a lawsuit to claim compensation, unpaid salary, and demand that the employer pay all required insurances.
Employers must pay full insurance for employees
According to Article 21 of the Law on Social Insurance, employers are obligated to contribute compulsory insurances (social insurance, health insurance, and unemployment insurance) for employees under labor contracts of one month or more. If an employer unlawfully terminates a contract, they are still required to fulfill insurance payments up to the actual termination date.
Employees can claim compensation and protect their rights
In cases of unlawful dismissal, employees may request the following:
Payment of wages for the period they were not allowed to work (if they do not wish to return to work);
Compensation as agreed in the contract or as prescribed by law;
Reimbursement of attorney fees (if any);
Compensation for emotional distress and reasonable litigation expenses.
Best ways to protect your rights when illegally terminated
Employees must file a lawsuit with the competent People's Court within one year from the date their rights were violated (Clause 3, Article 190 of the Labor Code). Prior to filing, they may also seek mediation through a labor conciliation body or labor union if available.
Employers must follow due process to avoid labor disputes
Employers should keep in mind:
There must be valid reasons and evidence supporting the termination;
Advance notice must comply with Article 36 of the Labor Code;
Written notice and meeting minutes should be provided to the employee;
All insurance contributions must be fulfilled until the official termination date.
Contact DEDICA for labor dispute consultation
DEDICA understands the difficulties and damages employees may face when unlawfully dismissed. We offer legal consultation and representation services to protect your lawful rights before competent authorities. Let DEDICA stand by your side in the fight for labor fairness.
(Keywords throughout the article include: labor contract termination, social insurance, health insurance, unemployment insurance, compensation, wages, employee rights, employer, labor lawsuit.)
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