Tan Mien Trung Trading Joint Stock Company: Need to ensure workers' rights

(Baonghean) - In early August 2015, Nghe An Newspaper received a complaint from Ms. Nguyen Thi Dung (born in 1978), residing at house 15, lane 28, Tran Nhat Duat street, K8, Doi Cung ward (Vinh city) with the content that Tan Mien Trung Trading Joint Stock Company "suspended" her social insurance book when terminating the labor contract, affecting her rights...

According to the application, Ms. Nguyen Thi Dung was hired by Tan Mien Trung Trading Joint Stock Company (Honda Vinh Auto) from July 19, 2012. The assigned job for Ms. Dung was to do chores and cook for the company's employees. Ms. Dung was allowed to participate in social insurance from the date of signing the labor contract. In March 2015, due to family reasons, Ms. Nguyen Thi Dung asked Tan Mien Trung Trading Joint Stock Company to let her quit her job and the company's leadership approved in writing. Before quitting her job, Ms. Dung submitted an application to the company to receive her social insurance book back to complete the procedures for unemployment benefits, and at the same time, to continue paying social insurance at the new workplace (when she found a job) or to pay voluntary social insurance. However, after many requests, even submitting an application to the company's Director, the social insurance book was still not returned. After more than 3 months, seeing that the company's refusal to return the social insurance book affected the procedures for unemployment benefits, Ms. Dung asked the City Labor Union. Vinh helped; then, he was instructed to send the application to the units: Vinh City Social Insurance, Vinh City Department of Labor, Invalids and Social Affairs, but after more than a month, there was still no response...

Honda Auto Vinh store of Tan Mien Trung Trading Joint Stock Company.

Checking the documents provided by Ms. Nguyen Thi Dung, Tan Mien Trung Trading Joint Stock Company signed Labor Contract No. 7-02-2012-HD-TM (a 1-year labor contract) with her as a janitor. Regarding benefits, as stated in the Labor Contract, Ms. Dung received a salary of 1.8 million VND; participated in social insurance and health insurance according to the provisions of law. When Ms. Dung quit her job, Tan Mien Trung Trading Joint Stock Company decided to terminate Labor Contract No. 23/03-2015/QD-TMT dated March 23, 2015, signed by Mr. Hoang Nghia Cong, General Director. Through the discussion, Ms. Dung said: "After asking many times, the company's HR staff replied that the insurance book had not been finalized, then promised to pay. At the end of June 2015, when I had been out of work for 3 months, I submitted a request to the Board of Directors to return the book but only received empty promises. Up to now, it has been nearly 5 months, the procedure to receive unemployment benefits cannot be completed anymore because it has expired. My legitimate rights have been affected, I hope the newspaper will reflect so that Tan Mien Trung Trading Joint Stock Company can return my insurance book...".

Arriving at the headquarters of Tan Mien Trung Trading Joint Stock Company (Le Nin Avenue, Hung Dung Ward, Vinh City), asking to meet the leaders or the staff in charge of human resources, the staff here said that these people were all busy with work and absent from the headquarters. Asked about Ms. Nguyen Thi Dung's case, we were told that the reason for this was because the company still owed social insurance to employees, so the insurance agency had not closed the social insurance books of those who had quit their jobs. "Not only Ms. Dung, at the same time, there were 4 people who quit their jobs and had not received their social insurance books from the company. In about 3 months, our company will resolve the social insurance debt, at that time, we will close the books to return them to them, no one wants to keep them" - an employee replied. Discussing further, this employee said that the company had just worked with the Department of Labor, Invalids and Social Affairs on the issue of implementing social insurance for employees. At the meeting, they committed to completely resolving the problem of social insurance debt...

Through investigation, it is known that because of the prolonged social insurance debt of employees since January 2015, in early July 2015, the provincial social insurance agency, Vinh City Social Insurance and the Inspectorate of the Department of Labor, Invalids and Social Affairs "invited" Tan Mien Trung Trading Joint Stock Company to work. According to Ms. Hoang Thi Huong, Chief Inspector of the Department of Labor, Invalids and Social Affairs, Tan Mien Trung Trading Joint Stock Company has 52 employees participating in social insurance; from January 2015 to June 2015, this company owed social insurance with the amount of 298 million 600 thousand VND (of which, social insurance debt is 228 million 614 thousand VND; interest and penalty debt is 42 million 296 thousand VND; health insurance debt is 19 million 598 thousand VND; unemployment insurance debt is 7 million 900 thousand VND). At the meeting, after being explained the provisions of the law, the representative of Tan Mien Trung Trading Joint Stock Company committed to pay 50% of the social insurance debt in August 2015; and to pay all the debt by the end of September 2015. "We have drawn up a record of administrative sanctions against Tan Mien Trung Trading Joint Stock Company. However, because the representative of this company has committed to pay the debt, we have not yet imposed the sanctions. If Tan Mien Trung Trading Joint Stock Company complies with its commitment, we will consider reducing or exempting the sanctions..." - Chief Inspector of the Department of Labor, Invalids and Social Affairs Hoang Thi Huong said. Regarding the content of Ms. Nguyen Thi Dung, according to Ms. Hoang Thi Huong: "If Tan Mien Trung Trading Joint Stock Company fulfills its commitment and pays 50% of the debt in August 2015, then Ms. Dung's case (if this company continuously pays social insurance from the date of signing the labor contract, and quits the job from March 2015) will also have her social insurance book returned in August...".

The Vinh City Labor Federation (VLF) confirmed that after Ms. Nguyen Thi Dung was not paid her social insurance book by Tan Mien Trung Trading Joint Stock Company, she asked this organization for help. A representative of the Vinh City Labor Federation said: "With our authority and power, we have reviewed the relevant documents and instructed Ms. Dung to submit a petition to the relevant authorities. According to the law, employees who have participated in social insurance when they no longer have a job will enjoy certain policies. Because of the delay in receiving the social insurance book, Ms. Dung's rights have been affected. In Vinh City, this is not an isolated case, so the City Labor Federation requests that competent authorities pay attention and find solutions so that employees are not disadvantaged...".

With the provisions of the Law on Social Insurance, and with the information that has been learned, Ms. Nguyen Thi Dung's complaint is completely justified. Tan Mien Trung Trading Joint Stock Company needs to see that the social insurance contributions of employees (including Ms. Dung) are deducted from the salaries and wages of employees. The arrears of social insurance and the delay in returning social insurance books to employees are violations of the law and affect the legitimate rights and interests of employees. Therefore, the company needs to seriously carry out the repayment of social insurance arrears as committed to the authorities; at the same time, return the social insurance books to Ms. Nguyen Thi Dung.

Article and photos:Ha Giang