The People's Court of Region 12 opened a meeting to consider the labor case on "Request to declare invalid labor contract" according to the request of Ms. Vu Thi Thom (born in 1989, residing in Cao Xa village, Thuong Hong commune, Hai Phong). People with related rights and obligations include: Ms. Vu Thi Ngat (born in 1992, residing in Hoa Binh village, Thanh Mien commune, Hai Phong); FORVIET Industry Co., Ltd. and Hai Phong City Social Insurance.
According to the content of the request, Ms. Vu Thi Thom and Ms. Vu Thi Ngat are biological sisters. In 2010, because she was not yet 18 years old but wanted to work at the enterprise, Ms. Ngat borrowed Ms. Thom's identity card to sign a labor contract with FORVIET Industrial Co., Ltd. (Ke Sat commune, Hai Phong) and was accepted to work from April 2010.
During the working process, Ms. Ngat participated in social insurance with code 30100278xx, all records related to labor contracts and social insurance are in the name of Ms. Vu Thi Thom. At the same time, Ms. Thom was working at CONTINUANCE Vietnam Footwear Co., Ltd. and participated in social insurance with code 30090668xx. However, the social insurance agency has not detected that one person has 2 different social insurance codes, so it continues to record the social insurance contribution of both cases mentioned above.
On May 25, 2010, Ms. Ngat terminated her labor contract with FORVIET Industry Co., Ltd. (the contract was signed under the name Vu Thi Thom). Due to problems related to social insurance participation, Ms. Thom requested the Court to declare the labor contract between Ms. Ngat (the person directly working but signed Vu Thi Thom) and FORVIET Industry Co., Ltd. invalid, and at the same time requested to resolve the legal consequences of the invalid labor contract according to the provisions of law.
After considering the entire content of the case, the People's Court of District 12 issued a decision accepting Ms. Vu Thi Thom's request, declaring the labor contract between Ms. Vu Thi Ngat (signed by Vu Thi Thom) and FORVIET Industry Co., Ltd. according to social insurance book No. 30100278xx invalid, and at the same time resolving the legal consequences of the invalid labor contract according to legal regulations, ensuring the legitimate rights and interests of the parties.
The above case shows that in reality, there is still a situation where workers lend other people ID cards or citizen identification cards to sign labor contracts. This act may lead to an individual generating multiple social insurance books with different codes, causing difficulties in managing and resolving social insurance benefits later. Workers need to raise awareness of law compliance, not lend or use other people's personal papers to conclude labor contracts, in order to ensure their legitimate rights and interests when participating in social insurance and labor relations.
