Lessons on labor contracts from the case of a worker demanding unpaid wages

Half a year to claim 2 months salary

In the "report and request for help", Mr. Nguyen Duc Thuyet, residing in Nam Linh commune (Nam Dan) stated: Mr. Thuyet himself had worked at the Service Company Limited.protectTA (TA Company) was located in Vinh City from August 2019 to February 28, 2021. As of August 1, 2021, TA Company still owed Mr. Nguyen Duc Thuyet 2 months of salary, a total of 12 million VND (that is the salary for January and February 2021).

According to Mr. Thuyet's reflection, Mr. Thuyet himself has repeatedly asked the accountant as well as the Director of TA Company to pay him the salary he still owes, but has not been paid yet. "I even met with the leaders of HM Company Limited - the enterprise that signed a security contract with TA Company, where I was sent by TA Company to work as a security guard there for 2 months, to ask for direct payment.salary, but that company said it had paid in full to TA Company".

HM Company representative said that the company signed a security service contract with TA Company is true. After the two parties signed the contract, TA Company sent 1 employee to work as a security guard at HM Company's stone production and exploitation workshop located in Nghi Cong Nam commune, Nghi Loc district from September 2020. In January 2021, at HM Company's request to change security guards, TA Company sent Mr. Nguyen Duc Thuyet to work as a security guard.

Security service contract between HM Company and TA Company Photo: HT

“Mr. Nguyen Duc Thuyet came to work as a security guard at our company's quarry in Nghi Cong Nam commune under a contract with TA Company in January and February 2021. And up to now (July 26, 2021), our company has fully paid the costs to TA Company as agreed,” said a representative of HM Company.

Reason for not paying salary

Talking with Mr. TDT - Director of TA Company, Mr. T. said that it is true that Mr. Nguyen Duc Thuyet has not received his salary for 2 months (January and February 2021). "However, we did not intentionally not pay.payfor Mr. Thuyet, which the company is currently "suspending" salary payment to clarify some issues between the company and Mr. Thuyet personally".

Explaining this issue further, Mr. TDT said that TA Company signed a security contract with HM Company Limited for a period of 1 year from September 25, 2020. However, at the end of February 2021, HM Company announced the termination of the contract with TA Company on the grounds that there was no longer a need to hire security guards at the quarry in Nghi Cong Nam commune. After receiving the notice from the partner, "I contacted Mr. Nguyen Duc Thuyet to notify the two parties of the termination of the contract; and asked Mr. Thuyet to hand over the security work at HM Company's quarry, then return to the headquarters so that we could arrange work elsewhere. But I called many times, but Mr. Thuyet gave the reason of being busy with family matters and did not come to meet the company's leaders" - Mr. TDT said.

From this, Mr. TDT suspected that there was a direct protection contract agreement between Mr. Nguyen Duc Thuyet and HM Company, causing HM Company to terminate the contract signed with TA Company. To verify this suspicion, about 1 week after the 2 companies terminated the contract, Mr. TDT personally went to HM Company's quarry in Nghi Cong Nam commune to verify his suspicion.

“When I arrived, I met Mr. Thuyet and the representative of HM Company and many other people working at the quarry, proving that the reason HM Company gave for not needing to hire security guards when terminating the contract with us was incorrect. And Mr. Nguyen Duc Thuyet's reason for not coming back to see me because he was busy with family matters and did not come back to see me to take on a security job elsewhere was also dishonest. Moreover, up to now (July 2021), Mr. Thuyet is still working as a security guard at the quarry in Nghi Cong Nam,” Mr. TDT affirmed.

Mr. TDT said that this is the reason why TA Company has not paid Mr. Thuyet's salary, because they want to clarify whether or not Mr. Nguyen Duc Thuyet intentionally disobeyed the company's work arrangements, was dishonest in his work, causing losses and losing the company's contracts.

Mr. Nguyen Duc Thuyet works at the quarry of HM Company (Photo taken on July 26, 2021.) Photo: HT

Talking to Mr. Nguyen Duc Thuyet about this information, Mr. Thuyet confirmed: "It is true that at the end of February 2021, Mr. TDT called me back to take a job elsewhere, but at that time I was busy so I could not go. A few months later, when I returned, the company said there was no work to arrange for me to do."

Lessons on implementing labor contracts

To clarify the explanations of the parties involved, on July 26, 2021, we went to the quarry of HM Company Limited in Nghi Cong Nam Commune, Nghi Loc District. At this time, Mr. Nguyen Duc Thuyet was on security duty here. A representative of HM Company Limited said that Mr. Nguyen Duc Thuyet is currently working as a security guard at this company's quarry under a security service contract between HM Company and a security service company called BA.

“We do not have a direct security contract with Mr. Nguyen Duc Thuyet. And currently, Mr. Thuyet has been working as a security guard at our company for about 10 days under the contract with BA Company,” said a representative of HM Company. This person added that in February 2021, HM Company terminated the contract with TA Company because this business changed ownership. Immediately after that, the new owner signed a security service contract with BA Company until now.

Thus, Mr. TDT's suspicion that Mr. Thuyet is ambiguous and dishonest is well-founded. And in fact, up to now (August 2021), Mr. Nguyen Duc Thuyet has also confirmed that he has moved to work for another company, while not terminating the labor contract signed with TA Company.

The quarry where Mr. Thuyet is working (Photo taken on July 26, 2021). Photo: HT

Mr. TDT expressed his desire to clarify this matter and resolve it decisively to serve as a lesson for other employees, so that they can see that rights and obligations must be carried out in parallel, and that they have a responsibility in building the collective. If everyone only thinks about their own interests and freely quits their jobs like Mr. Nguyen Duc Thuyet, the company will soon go bankrupt, especially during a time when business is being severely affected by the epidemic.

Regarding the transfer to work for another company while he had not yet completed the procedures to terminate the contract with TA Company, Mr. Nguyen Duc Thuyet explained that he only thought that this company could not arrange the job he wanted, so he applied to work elsewhere. As for the legal procedures, it was his negligence. Even when he moved to work for another company, he was still following an "oral contract" and had not completed any paperwork. As for TA Company, the management of employee-related records was still lax, and legal procedures were not updated promptly when there were personnel changes.

On the afternoon of August 2, 2021, Mr. Thuyet went to TA Company to meet Mr. TDT to discuss and agree on the salary payment deadline and resolve related legal procedures. Both sides also frankly reviewed their working attitudes, avoiding similar incidents that affect each other's interests. And above all, it is necessary to comply with the provisions of the law when signing the Labor Contract. Only when complying with the law will the law protect legitimate rights and interests when conflicts and disputes arise.