Not the first time workers win lawsuits
As Lao Dong reported, the People's Court of Lien Chieu District (Da Nang) has opened trials related to 62 labor dispute cases that occurred at Hoa Khanh Company (Hoa Khanh Industrial Park, Lien Chieu District, Da Nang). In these cases, the plaintiffs are workers who used to work at Hoa Khanh Company, who have authorized the Da Nang City Trade Union to represent them in filing a lawsuit, demanding benefits regarding wages and severance pay.
After 5 days of trial, the Trial Panel (HDJ) has passed a verdict, accepting all the plaintiff's requests, with the authorized representative being the Da Nang City Labor Union, requiring Hoa Khanh Company to pay all debts immediately after the verdict comes into effect. The total amount that the Court ordered Hoa Khanh Textile Joint Stock Company to pay is more than 1.9 billion VND, of which salary is more than 314 million VND and severance allowance is more than 1.6 billion VND.
This is not the first time that Da Nang workers have successfully sued a business to claim their rights.
Previously, in 2019, the Da Nang Trade Union, also authorized by the employees, sued TBO VINA One Member Co., Ltd. (TBO Company) to court to claim unpaid wages and social insurance benefits of nearly 500 employees for more than 14 billion VND. In this case, there were a total of 196 files of employees authorizing the Trade Union officials to sue and won the lawsuit against the enterprise for a total amount of more than 6 billion VND.
Coincidentally, both of the above lawsuits have the mark of Ms. Le Thi Ngoc Oanh - Head of the Department of Legal Policy and Labor Relations, Da Nang City Labor Federation (at the time of the lawsuit, Ms. Oanh was Vice President of the Trade Union of Da Nang High-Tech Park and Industrial Parks) - in receiving authorization, supporting workers to prepare documents, and appearing in court as plaintiffs.
"Consecutive cases of accepting authorization and winning lawsuits against businesses to claim rights for workers have made the Trade Union feel more confident in helping workers claim legitimate rights by going to court," said Ms. Oanh.
Going to court to resolve disputes is civilized.
It is worth noting that this confidence is not only present in the Da Nang Trade Union officials but also in the workers who have authorized the lawsuit. “Since signing the petition authorizing the Da Nang High-Tech Park and Industrial Zones Trade Union to file a lawsuit, we have been very uncertain, not knowing whether the Trade Union organization will really help us win the lawsuit and recover the money owed by the enterprise. However, after this incident, we workers believe that the Trade Union organization, no matter how difficult it is, will protect and help us claim our legitimate rights,” said Ms. D - one of the 62 workers who just won the lawsuit at Hoa Khanh Textile Joint Stock Company (name withheld).
It is worth noting that after the case of workers winning the lawsuit against Hoa Khanh Textile Joint Stock Company, there were many conflicting opinions that the Da Nang Trade Union organization, authorized by workers, taking the business owner to court to demand their rights was a somewhat "heavy-handed" move, "forcing" the business.
However, Mr.
Le Van Dai - Vice President of the Da Nang City Labor Federation - said: "If reconciliation is not possible and the parties are forced to go to court, all parties must work in accordance with the provisions of the law". Similarly, Ms. Le Thi Ngoc Oanh said: After this incident, not only businesses but also workers and trade unions need to consider "meeting in court" to resolve disputes when dialogue and negotiation are not possible as a normal, civilized step that needs to be promoted further.
“Many workers still feel afraid and are not used to suing businesses in court. Meanwhile, trade unions in many places have not yet formed the habit and skills in filing lawsuits, leading to businesses continuing to procrastinate year after year, while workers continue to suffer double losses. We believe that, not only in labor disputes but in any other field, going to court for arbitration is completely normal, no one can force or be harsh on anyone because all citizens are equal before the law,” said Ms. Oanh.
