Protecting workers in 2 disputes from a work accident
According to the case file, on June 3, 2021, Mr. Luu Chi Hieu (born in 1973) suffered a stroke while working at Phu My 3 BOT Company Limited (abbreviated as BOT PM3). Although after that, this enterprise still paid regular salaries, in June 2022, it unilaterally terminated the labor contract (LTC) with Mr. Hieu.
Given that the termination of the labor contract of the enterprise is not in accordance with the regulations, Mr. Hieu asked the Trade Union to support the protection of rights, submit a petition to request the cancellation of the decision to terminate the labor contract; compensation for damage ...at the People's Court of Phu My City, Ba Ria - Vung Tau Province.
Through 2 levels of first instance and appellate trial, the judgments have forced the enterprise to compensate the employee a total of about 1.17 billion dong.
In parallel with supporting employees in the labor contract dispute; union officials of the Ba Ria - Vung Tau Provincial Federation of Labor accompanied Mr. Luu Chi Hieu to work with the enterprise, negotiate compensation for work-related accidents ( work-related expenses); prepare documents to submit to the competent Social Insurance so that Mr. Hieu can enjoy work-related insurance benefits according to regulations.
However, between the parties did not come to the general agreement, so the Trade Union supported Mr. Hieu to continue filing a lawsuit in the case of compensation for damage due to occupational accidents. In particular, the payment requirements of medical expenses pay more than 222 million VND; compensation for occupational accidents 26.7 months salary; pay more than 166 million VND; carry out 10 months salary support for workers (with VND 41,189 million/month); Forcing businesses to make a complete dossier to send to the social insurance agency to enjoy the relevant regimes. Total amount of claim for about 1.9 billion.
At the first instance trial held on September 30, 2024, the enterprise was ordered to compensate Mr. Luu Chi Hieu with more than 1.24 billion VND, including 26.7 months' salary (according to the actual social insurance payment level), and more than 222 million VND for co-payment of medical expenses. However, both sides did not agree with the content of the verdict and appealed to the appellate court.
Workers are compensated nearly 3 billion VND after 4 court sessions
In the dispute between Mr. Hieu and the enterprise, the Ba Ria - Vung Tau Provincial Federation of Labor assigned Mr. Nguyen Trung Ngan - Head of the Professional Department - to participate in protecting the legitimate rights and interests of Mr. Luu Chi Hieu. Thereby, the rights of employees have been guaranteed.
At the appeal hearing for compensation for damages caused by occupational accidents held on the morning of May 9, a representative of BOT PM3 Company suddenly made a proposal to agree with the plaintiff with the content: The enterprise will compensate employees with 550 million VND; coordinate to submit a dossier to the competent Social Insurance to resolve the occupational accident regime for Mr. Luu Chi Hieu.
Both sides exchanged to clarify some more detailed content. After that, the plaintiff (including representatives of Mr. Luu Chi Hieu and the Trade Union representative participated in the protection) agreed with the proposal of the business. The two sides signed the record to record the agreement of the litigants.
On that basis, the People's Court of Ba Ria - Vung Tau province announced the decision to recognize the successful mediation results at the appeal hearing, according to the agreed content.
Representative of the plaintiff at the trial, Ms. Nguyen Thi Le Khanh said, through 4 trials of 2 disputes, a total of Mr. Luu Chi Hieu was compensated by the enterprise nearly 3 billion dong. "Of the 1.17 billion dong compensated from the labor contract dispute, the plaintiff has deducted a partial social insurance, so it is about 1 billion. At the same time, the plaintiff has received the full amount of more than 1.24 billion from the first instance judgment for compensation due to occupational accidents. Along with the amount of VND 550 million, the total compensation is nearly 3 billion dong," Khanh said.
According to Ms. Khanh, after completing the procedures to receive the employee allowance, Mr. Hieu can receive additional support of VND300 million or more.
