Reflecting to Lao Dong Newspaper, Ms. Nguyen Thi Le - a worker working at BBAE LAB Trading Joint Stock Company said that she was not paid Tet bonuses by the company, while other workers received them.
In a letter sent on February 13 to the company's personnel manager, Ms. Nguyen Thi Le wrote, regarding the Tet bonus issue this year, up to now she has not received any bonus or official notification from the company.
She requested the company to respond in an official document (signed, sealed or emailed from the company address) regarding the payment or non-payment of Tet bonuses, stating the basis and reasons.
I do not agree to exchange or confirm information related to this right through personal messages. I request the company to make a transparent written response to ensure the rights and responsibilities of the parties. I respectfully request the company to respond in the near future," Ms. Le wrote in the email.
After that, an email from the human resources manager named N.P. L sent back an email to Ms. Nguyen Thi Le stating that, regarding Ms. Nguyen Thi Le's request to clarify the Tet bonus policy, the human resources administrative department responded in writing as follows:
Nature of the bonus: According to Article 104 of the Labor Code, bonuses are not mandatory expenses and are not within the scope of fixed salary. Bonus payment is entirely dependent on the decision of the employer based on the actual financial situation and recognition of personal contributions.
Final decision: After considering the existing budget, the Board of Directors decided that Ms. (Nguyen Thi Le) is not on the list of personnel to receive Tet bonuses this year. This is the company's final decision based on financial and personnel autonomy.
To have multi-dimensional information about the case, on February 14, a reporter from Lao Dong Newspaper called the phone number of Mr. Ha Anh Duc - Director of BBAE LAB Trading Joint Stock Company. Over the phone, the director said that at this time the company is on Tet holiday, whether reporters want to meet or not, it must be after Tet, when meeting, reporters need to carry a press card. Mr. Duc said that he did not discuss the case over the phone "because he did not know who you were".
Lao Dong Newspaper reporters have brought this matter to Lawyer Pham Van Tien (Tien Minh Law Firm, Hanoi Bar Association). Mr. Pham Van Tien said that from the information provided by reporters, the fact that Tet bonuses are given to many people, but one person is not rewarded, must be based on the company's bonus conditions (company regulations), not contrary to the provisions of law.
Mr. Pham Van Tien commented that, in terms of emotions, if workers do not receive Tet bonuses, while others do, workers will be disadvantaged and heartbroken.
According to Mr. Pham Van Tien, if it is considered that not giving Tet bonuses to employees is a retaliation against employees, then it must be proven that such a thing happened.
Talking to reporters, Ms. Nguyen Thi Le said that everything started when the company forced her to sign illegal regulations, then put pressure on work, prevented her from working, forced her to quit without adequate compensation and finally did not give Tet bonuses to her alone on the grounds of "not having enough budget when it's her turn".
With this reflection, Lao Dong Newspaper reporters recorded and will post feedback from the company to ensure objectivity and two-way when the company arranges a working session after Tet.
Article 104 of the 2019 Labor Code stipulates bonuses as follows:
Reward
1. Bonus is the amount of money or assets or in other forms that the employer rewards to the employee based on the production and business results, and the level of work completion of the employee.
2. The bonus regulations are decided by the employer and publicly announced at the workplace after consulting the opinion of the employee representative organization at the establishment for the place where there is a employee representative organization at the establishment.
