Supporting workers in suing enterprises that have owed wages and social insurance for nearly 3 years

Nguyễn Hoàng |

The union is supporting more than 160 employees of Minh Hoang 2 Garment Company (Quang Nam) to sue a company due to the company owing them more than 10 billion VND in wages, bonuses and insurance for nearly 3 years and has repeatedly broken their promise without responding to the authorities.

The incident dragged on, businesses repeatedly broke their promises

On April 8, more than 160 employees at Minh Hoang 2 Garment Company Limited (Dien Nam - Dien Ngoc Industrial Park, Dien Ban Town, Quang Nam) gathered in front of the company headquarters to request a final settlement of social insurance and bonus debts.

These are workers who have simultaneously submitted applications for unilateral termination of previous labor contracts, in accordance with legal regulations, but have not yet had their related rights resolved.

Employees request to pay social insurance (SI), health insurance (HI), unemployment insurance (UI) and unpaid Tet bonuses. Many people said they have lost patience after many times the company broke its promise to pay the obligations to the workers.

Previously, the company failed to fulfill its commitment at the meeting on September 10, 2024, causing the insurance debt to exceed VND 10 billion. After the collective work stoppages in January 2025, the enterprise said that due to financial difficulties, it led to unpaid wages, bonuses, and social insurance. However, the unit only advanced a small amount of salary and has not taken any action to completely handle it.

Although there has been a specific request from the Department of Labor, Invalids and Social Affairs of Quang Nam province (now the Department of Home Affairs) regarding the payment deadline before March 31, 2025. However, up to now, workers have not yet received full benefits.

In the context of the Lunar New Year, many workers said that their lives are in a difficult situation because they do not have a stable income, do not receive insurance payments to enjoy sick leave, maternity benefits, and unemployment.

In the morning of 8.4, representatives of the Department of Home Affairs, the provincial Labor Federation, the Management Board of the Industrial Zones and the authorities of Dien Ban town were present at the headquarters of Minh Hoang 2 Garment Co., Ltd. to work and coordinate the case. However, the parties have not been able to contact the company's leaders.

An officer in the working group said that the working documents and requests from the authorities had been fully sent, but the business did not respond and did not send a representative to work, making it difficult to handle the case.

"Workers have quit their jobs in accordance with the law, with good reasons, and do not quit their jobs on their own. The Trade Union is accompanying them in suing the company to claim the rights that have been violated over the past time," said a representative of the Quang Nam Trade Union.

The enterprise only has 12 employees, and is late in paying more than 10.3 billion VND

According to the latest data from the Social Insurance agency, as of March 31, 2025, Minh Hoang 2 Garment Company Limited only has 12 employees participating in social insurance (compared to 251 employees before).

The total amount of late payment of social insurance, health insurance, unemployment insurance, and occupational accident and disease insurance has exceeded 10.3 billion VND. The enterprise has only paid social insurance to employees until the end of May 2022, which means it has been late in paying for nearly 3 years.

This means that hundreds of workers have not had their social insurance books confirmed to finalize the participation process, seriously affecting their rights to illness, maternity, unemployment, retirement, etc.

Mr. Nguyen Qui Quy - Deputy Director of the Department of Home Affairs of Quang Nam province - said that according to Article 35 of the 2019 Labor Code, employees have the right to unilaterally terminate the contract without giving a reason, but must give a notice: At least 30 days for a term- determined contract, 45 days for an indefinite-term contract, or 3 days in special cases such as not being fully paid, working conditions not in accordance with commitments, being nguoc lai, insulted...

In the case of Minh Hoang 2 Garment Company, employees have been continuously delayed in paying, health insurance, and unemployment insurance from June 2022 to present, salaries and Tet bonuses have been delayed many times, leading to serious violations of the employer's obligations. This is a clear basis for employees to unilaterally terminate the contract without notice, without having to compensate according to Point b, Clause 2, Article 35 of the Labor Code.

"We are coordinating with the Provincial Federation of Labor to review documents, provide legal support and promptly take measures to request businesses to fulfill their obligations according to regulations" - Mr. Quy emphasized.

Nguyễn Hoàng
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