rights of disadvantaged workers
On May 16, speaking with a reporter from Lao Dong Newspaper, Mr. Tran Huy Binh - Chairman of the Trade Union of Kobelco E&M Vietnam Co., Ltd. (Bien Hoa 2 Industrial Park, Bien Hoa City) said: Because workers are concerned about the issue of affected wages, they have asked the trade union for support. After working with the company but not reaching an agreement, the union filed a lawsuit to protect the rights of workers.
The list of Trade Union Executive Committee collected employees about the representative of employees suing the company to the court demanding 93 employees. Mr. Binh is both a trade union president and a direct production worker of the company that has collected records and works with the authorities to protect the rights of the employee's collective.
Up to now, the People's Court of Bien Hoa City has received a lawsuit against the Executive Committee of the Trade Union of Kobelco E&M Vietnam Co., Ltd.
(Bien Hoa 2 Industrial Park, Bien Hoa City) on requesting the Court to resolve collective labor disputes and prepare to bring the case to trial.The petitioner is the Executive Committee of the grassroots trade union of Kobelco E&M Vietnam Co., Ltd., led by Mr. Tran Huy Binh, is the legal representative, the position of Chairman of the Company Trade Union.The person who is sued is Kobelco E&M Vietnam Co., Ltd.
The salary company stops working without agreeing with the employee?
According to the petition, because the company has no orders, from July July 2024, the employee has to stop the job. The company's salary paid to the employee is calculated according to the basic salary (5,573,000 VND) divided by the number of working days in the month (24 work) and multiplied by the number of days to stop actual jobs. However, the company did not agree but offered the above salary to the employee. This causes the rights of workers to be disadvantaged.
Workers have suggested and Trade Union of Kobelco E&M Vietnam Co., Ltd. organizes dialogue with the company, but failed. "On August 16, 2024, the Management Board of Dong Nai Industrial Zones, Bien Hoa Industrial Zone Union worked with the grassroots trade union and the Board of Directors of the Company asked the Company to dialogue and negotiate to stop working for workers but the company did not implement" - the application stated.
Therefore, the Trade Union of Kobelco E&M Vietnam Co., Ltd. filed a lawsuit requesting the Court to consider with the request to force the company to pay additional wages difference between actual salaries and wages that the company applied to employees is 5,573,000 VND from July 24 to September 2024. The total amount required the company to pay more to employees is more than VND 833 million.
Mr. Vu Ngoc Ha - Director of Trade Union Legal Consulting Center - Dong Nai Provincial Labor Confederation said that in Article 99 of the Labor Code 2019 stipulates that if the employer requires the employee to stop the job, the employer is obliged to pay the employee in accordance with the labor contract. The law also affirmed that, in the first 14 days of stopping the job, the enterprise was not paid below the regional minimum wage and over 14 days, the two parties will agree with each other.
