Transferring salary tables to employees but owes wages
The Trade Union Legal Consulting Center (Dong Nai Provincial Labor Federation) said that the People's Court of Region 1, Dong Nai Province has just opened a trial and declare acceptance of the entire lawsuit request of the plaintiff, Mr. N.T.B (35 years old) in the labor dispute over wages; forcing M.T.P Construction and Trading Service Company Limited (located in Trang Dai Ward, Dong Nai Province) to pay Mr. B's salary with a total amount of nearly 47 million VND.
According to the lawsuit, from August 22, 2023, Mr. B was recruited to work for M.T.P Construction and Trading Services Company Limited (hereinafter referred to as the company). Because Mr. B had difficulty with movement (able to move) after the accident, Mr. B and the company had an agreement on work and salary over the phone without signing a labor contract. Accordingly, Mr. B's work can be done at home without having to work directly at the company. Mr. B's job is a content marketing employee, editing and posting content on the company's fanpage with a salary of 20 million VND/month.
During his work for the company, Mr. B always completed assigned tasks, regularly reported the editing of the fanpage content to the company via phone or text message to the human resources department and the company director. The 10th of each month is the company's salary payment deadline.
In August 2023, Mr. B worked 9 working days and was paid his full salary through his bank account by the company. Since September 2023, the company's staff also transferred the salary table via Zalo to Mr. B but informed him that the salary was not yet available, saying that Mr. B should contact the company's leaders. Many times Mr. B. contacted the company director to request salary payment but to no avail. Mr. B continued to work for the company until November 11, 2023, when the company removed Mr. B's editing rights on the company's fanpage, not allowing Mr. B to continue working.
Since then, Mr. B has continued to contact the company's leaders to resolve the payment of his salary but to no avail. Therefore, Mr. B contacted and asked for legal support from the Trade Union Legal Consulting Center.
Electing a worker protection officer from the beginning
After receiving the request from the employee, through reviewing the documents provided by Mr. B, the consulting officer assessed that Mr. B's request for the company to pay wages was well-founded, so the Trade Union Legal Consulting Center supported him in filing a lawsuit and sent the authorized officer to participate in the litigation to protect Mr. B's rights from the beginning.
As a result, the Court determined that the company's failure to pay Mr. B's salary was not in accordance with the law, forcing M.T.P Construction and Trading Services Company Limited to pay Mr. B's salary for September, October 2023 and 9 working days in November 2023 with a total amount of VND 46,923,000.
Talking to a reporter from Lao Dong Newspaper, Mr. B's mother said that she felt very satisfied with the enthusiastic support of the Trade Union Legal Consulting Center (Dong Nai Provincial Labor Federation). Mr. B's mother added that because her son had just had a motorbike accident, although he had not fully recovered, and was still having difficulty walking, he still tried to find a job to take care of his life. During his work, Mr. B always completed his work well but the company owed him wages and did not know "the way to go, the water steps" to claim his rights. Fortunately, with the timely support of the Trade Union Legal Consulting Center, the legitimate rights of workers have been successfully protected.
