Business refuses compensation claim
On September 30, the People's Court of Phu My town (Ba Ria - Vung Tau province) held a first-instance trial of a dispute over compensation for a work accident between the plaintiff, Mr. Luu Chi Hieu (born in 1973), and the defendant, BOT Phu My 3 Power Company Limited (abbreviated as BOT PM3 Company).
Mr. Luu Chi Hieu made 5 requests including: Paying for co-payment of medical expenses of more than 222 million VND; compensating for occupational accident benefits of 26.7 months' salary; paying interest of more than 166 million VND; supporting 10 months' salary as committed to the employee (with a salary of 41.189 million VND); forcing the enterprise to complete the documents and send them to the Social Insurance agency to enjoy related benefits. The total amount of compensation requested is about 1.9 billion VND.
Mr. Nguyen Trung Ngan - Head of Legal Policy of the Ba Ria - Vung Tau Provincial Labor Federation - was assigned to protect the legal rights and interests of Mr. Luu Chi Hieu at the trial. According to Mr. Ngan, the parties had reached an agreement but could not reach a consensus. Therefore, the employee filed a lawsuit in court.
At the trial, the representative of BOT PM3 Company stated that Mr. Luu Chi Hieu's case was not a work accident because Mr. Hieu felt unwell before that, so he went to the medical room, was examined by a doctor and asked to rest. A while later, Mr. Hieu showed symptoms and had a stroke. At that time, Mr. Hieu was resting, not working, so this was a medical condition.
forced to pay compensation of more than 1.2 billion dong
At the trial, the representative of the People's Procuracy stated his opinion on the dispute, that is, based on the labor contract, legal regulations, related documents... and most recently the appeal judgment of the Provincial People's Court on the labor contract dispute between the parties, this was a work accident.
"The defendant's view that this is a medical condition is inconsistent with the provisions of the law," said the representative of the Procuracy.
However, the representative of the Procuracy stated that the salary to calculate the compensation amount should be 38,197 million VND, corresponding to Mr. Hieu's social insurance salary; the interest arising was not accepted because there was not enough basis. At the same time, the representative of the Procuracy also stated that the request for compensation of 10 months' salary was not accepted because the employee could not provide any documents or evidence to prove the commitment between the enterprise and the employee; and the enterprise also denied having a commitment to Mr. Luu Chi Hieu. However, in this matter, Mr. Ngan said that the proof was the responsibility of the employer, which is a characteristic of labor disputes.
Based on the questions and answers, debates at the trial, as well as documents related to the case, the Trial Panel has partially approved the plaintiff's request, forcing Phu My 3 BOT Power Company Limited to compensate Mr. Luu Chi Hieu with more than 1.24 billion VND.
