The case of 4 reporters having their contracts terminated: Waiting for the province's instructions?

The termination of contracts of 4 reporters needs to be carefully considered.

(Baonghean) - In mid-March 2018, Nghe An Newspaper received a petition from 4 reporters of Quy Hop Radio and Television Station, reflecting that they were suddenly notified by the unit to terminate their labor contracts; and this unilateral action did not comply with the provisions of the labor law. Upon investigation, this incident has many troubling aspects...

beyond authority

After receiving the notice of termination of their labor contracts, four reporters Nguyen Thi Hop, Phan Thi Giang, Ho Thi Nguyet, and Cao Thi Tram Anh wrote a petition to the Provincial People's Committee, hoping to clarify the cause, reason, and basis for the Radio and Television Station to terminate their contracts. On April 3, 2018, the Provincial People's Committee issued Official Dispatch No. 2062 directing the People's Committee of Quy Hop district to resolve the petition according to regulations.

Although her labor contract has ended, reporter Phan Thi Giang (in black) still participates in professional activities for Quy Hop Radio and Television Station. Photo by PV

Implementing the direction of the Provincial People's Committee, on April 16, the People's Committee of Quy Hop district issued Document No. 277/UBND to the Provincial People's Committee. According to the People's Committee of Quy Hop district, the above 4 workers were contracted by Nghe An Radio and Television Station (indefinite-term contract).

In order to implement the policy of transferring Quy Hop Radio and Television Station under the Provincial Radio and Television Station to the People's Committee of Quy Hop District, in November 2011, the Provincial Radio and Television Station handed over 4 contract workers to Quy Hop Radio and Television Station for management and use. Up to now, the use of the above 4 workers is still carried out according to the labor contract signed by the Provincial Radio and Television Station.

In order to rectify the situation of labor contracts in agencies and units; implement the policy of streamlining the payroll, restructuring the staff, civil servants and public employees according to the direction of the Provincial People's Committee (Directive No. 30/CT-UBND, Directive No. 293/CT-UBND, Official Dispatch No. 9406/UBND-TH ...), the People's Committee of Quy Hop district issued Official Dispatch No. 1012 dated December 12, 2017 requesting agencies, units and schools to review, compile statistics and synthesize the current situation, quantity, quality, time and authority to sign labor contracts for professional and technical work. From there, carry out the termination of labor contracts for professional and technical work in administrative agencies and public service units.

On December 29, 2017, implementing the direction of the District People's Committee, Quy Hop Radio and Television Station issued a notice to terminate the labor contracts of the above 4 employees; after 45 days, the labor contracts will be officially terminated. In Document 277, Quy Hop District People's Committee also specified the staffing of the Radio and Television Station. That is, from November 2011 to 2012, Quy Hop Radio and Television Station was assigned 6 positions by the Provincial People's Committee; from 2012 to 2017, Quy Hop Radio and Television Station was assigned 8 positions by the Provincial People's Committee; In 2018, Quy Hop Radio and Television Station was assigned 9 positions by the Provincial People's Committee. Regarding the budget arrangement, salary payment and allowances for the above 4 contract workers, from 2014 onwards, it was arranged by the province.

From 2015 to 2016, the Provincial People's Committee allocated 70% of the 4 contract workers, the rest was allocated by the district budget (100% according to regulations). Since 2017, the District People's Committee has allocated the state budget with enough quota for 9 positions according to the regulations in Decision No. 76/2016/QD-UBND regulating the allocation of regular expenditures of the local budget in 2017 and stable until 2020. The funding source to support the 4 contract workers mentioned above is no longer allocated.

However, Quy Hop Radio and Television Station has saved money in the unit's budget to pay salaries for the above 4 contract workers until the end of 2017. From here, the 4 contract workers have filed a petition, claiming that the termination of the labor contract is unfounded.

Received notice of contract termination at the end of December 2017, but according to the payroll of Quy Hop Radio and Television Station, until March 2018, 4 reporters still received their salaries. Photo: PV

According to the People's Committee of Quy Hop district, in response to the petition of 4 contract workers, a number of press agencies have investigated the reasons and grounds for the termination of the labor contract. Therefore, the People's Committee of the district has asked for the direction of the Department of Home Affairs. However, due to incomplete information, the Department of Home Affairs has not yet commented.

Reporter becomes… collaborator!

Talking to us, reporter Phan Thi Giang said that on April 12, the district's Department of Internal Affairs went to the Radio and Television Station to meet with 4 reporters whose labor contracts were terminated to gather information, thereby advising the District People's Committee to resolve the petition.

At the same time, reporter Phan Thi Giang said that recently, all four people are contacting the district Social Insurance agency to complete procedures to receive unemployment benefits; besides, they are still doing the work of reporters for Quy Hop Radio and Television Station as before. "Although our labor contracts have been terminated, we are still producing news and articles as assigned by the leadership of Quy Hop Radio and Television Station," said Ms. Giang.

Head of Quy Hop Radio and Television Station, Mr. Ha Huy Nham confirmed that he still uses the reporters whose labor contracts have been terminated. Because as he said: "There are no announcers, a serious shortage of reporters has negatively affected the professional work of the unit. Continuing to use 4 reporters not only helps them have jobs and income; but also helps the Station complete its professional tasks, ...".

Mr. Nham also added that on April 9, Quy Hop Radio and Television Station continued to send Document No. 17/TT-TT-TH on hiring announcers and collaborators to the District People's Committee. The document clearly stated the current situation of the Station's professional human resources. That is, after terminating the contracts with 4 reporters (one of whom is also an announcer), the Station only has 1 reporter left.

In the face of the current situation, to stabilize the quality of professional activities of the Radio and Television Station, the Chairman of the District People's Committee has agreed in principle to allow the Station to hire announcers and use 3 reporters as collaborators. Mr. Nham said: "The Chairman of the District has assigned the Finance Department and the Station to agree on the contents related to the issue of funding to hire announcers and use collaborators...".

Reporter Cao Thi Tram Anh still works every day as a radio announcer for Quy Hop Radio and Television Station. Photo: PV

What Mr. Nham discussed was also partly reflected in Document No. 277 (assessment of the work process of 4 contract workers) of the People's Committee of Quy Hop district. That is: "For the 4 contract workers mentioned above, since receiving the labor contract, they have worked hard, actively, completed all assigned tasks well, and contributed positively to the completion of the tasks of the Station. Every year, they are classified as having completed their tasks well.

The job requirements of Quy Hop Radio and Television Station for the above 4 contract workers are very necessary. Without the above 4 contract workers, Quy Hop Radio and Television Station will not be able to complete the tasks assigned by the superiors. Since the termination of the labor contracts of the above 4 contract workers, Quy Hop Radio and Television Station has been under great pressure regarding the workload, especially without an announcer...

Learning from the incident of Quy Hop Radio and Television Station terminating the labor contracts with 4 reporters, the Provincial Labor Federation has grasped the actual situation of using contract labor at district-level Radio and Television Stations. Thereby, it can be seen that the use of contract labor still has many shortcomings, not in accordance with the provisions of the law; many contract workers have been affected in their legitimate rights and interests.

A leader of the Provincial Federation of Labor said: “One of the main functions of the trade union is to represent and protect the legitimate rights and interests of workers. Therefore, at the 18th Congress of Nghe An Trade Union, the Provincial Federation of Labor organized a discussion on this content, so that the trade union could propose effective solutions to better perform the task of protecting the legitimate rights and interests of workers…”.

From the information we have just received as stated above, we see that the termination of the labor contracts with 4 reporters by Quy Hop Radio and Television Station has revealed more unreasonable things. This is a worrying matter, which needs to be answered soon by the competent authority.