Initial debt confirmation, salary payment plan development
Quang Nam General Hospital (Hospital) used to be a workplace for dozens of doctors, nurses, and technicians. However, the Hospital has fallen into a state of financial difficulties and serious violations, leading to the unpaid wages of 22 employees, an amount of more than 800 million VND, from April 2022 to early 2023.
After that, the Hospital temporarily suspended operations, the employee's contract was terminated without receiving the remaining salary, causing many prolonged frustrations and complaints. The lawsuit was at a standstill because no one had come forward to confirm the debt.
On July 8, speaking with Lao Dong reporter, Mr. Bui Long An - Principal of Quang Nam Trade Union Medical School - confirmed: "After the press reported, we have directed the review of all documents and vouchers related to unpaid wages of employees at the Hospital. Up to now, we have completed the debt confirmation for one case and are continuing with the remaining cases.
According to Mr. An, debt confirmation is difficult because the entire financial records of the hospital were not handed over when the previous hospital principal and director were prosecuted. Although this is a result of violations in the previous term, we determined that it is a responsibility that must be handled. Resolutely resolving the backlog is necessary to restore the school's reputation for more than 65 years," Mr. An emphasized.
Notably, Mr. Phan Tan Tien - former lecturer and staff of the Department of Medicine and Pharmacy of the Hospital - confirmed to Lao Dong that he had been signed by the school to confirm the debt of more than 37 million VND. This is the amount of overtime payables that have been delayed from 2018 to early 2021, and the hospital's salary debt is still pending. This is an important legal basis for us to continue to take steps to sue the employer according to regulations, said Mr. Tien.
Currently, Quang Nam Medical Center is developing a feasible plan to re-operate the affiliated general hospital - which has been suspended since January 2023. According to the school's leaders, the hospital still has an operating license and the reopening is completely under the authority of the school.
"We are carefully calculating finances and human resources. When the hospital resumes operation, the revenue will be used to repay debts to drug suppliers and employees. We will invite all relevant parties to work and agree to sign a commitment document on the debt repayment roadmap, Mr. An informed.
At the same time, the school also established a department for periodic financial inspection and supervision every quarter and every 6 months to strictly control spending, avoiding repeating the situation of prolonged debt repayment as before.
Workers persistently pursue the lawsuit
While the school has gradually handled the responsibility of the employer, those who have been owed wages continue the legal path to claim their legitimate rights.
Ms. Nga (name changed), a former nurse at the hospital, said: "I still work normally even though I don't have a salary, I just hope to pay insurance to enjoy maternity benefits. But it was not until the birth date that the hospital realized that it did not pay health insurance. I had to borrow more than 8 million VND to have a child without insurance. After giving birth, without a salary, I fell into a state of exhaustion.
According to Ms. Nga, not only her but many other colleagues are also living in a similar situation. "We cannot stay silent forever. Everyone has a family, has children to worry about. Therefore, I and many others have filed a lawsuit to force the employer to take responsibility, Ms. Nga shared.
Lawyer Nguyen Thanh Tan - Tan Nguyen Law Office, Da Nang - commented: "In this case, employees have every basis to file a lawsuit. According to the 2019 Labor Code, employers are obliged to pay their salaries in full and on time. Owing wages for many months is a serious violation of contract obligations. If the employee provides working evidence and has a debt confirmation, the possibility of winning the lawsuit is very high".
According to lawyer Tan, the court can force the employer to pay the full amount of the debt, plus late payment interest according to regulations. If actual damage to health and material property is proven, the employee can also request additional compensation.
" Going to court is not to make things difficult for anyone, but to get revenge for what you have done. I believe that if the school is truly receptive and respects employees, everything will soon be resolved appropriately, said Mr. Phan Tan Tien.
