Support at trial and throughout the execution of the judgment
Mr. Nguyen Trung Ngan - Head of the Legal Policy Department of the Ba Ria-Vung Tau Provincial Labor Federation - said that he is still accompanying Mr. Luu Chi Hieu's family to protect legitimate and legal rights in disputes with businesses, according to the assignment of the Provincial Labor Union.
Previously, Mr. Luu Chi Hieu suffered a stroke at the headquarters of Phu My 3 BOT Power Company Limited (abbreviated as BOT PM3 Company) during working hours. After 1 year, the company unilaterally terminated the labor contract. Therefore, there was a dispute between Mr. Hieu and BOT PM3 Company regarding the labor contract (LC) and a dispute regarding the work accident.
Regarding the labor contract dispute, Mr. Nguyen Trung Ngan accompanied Mr. Luu Chi Hieu's family to participate in both the first instance and appeal trials with good results, as well as supported Mr. Hieu's family during the execution of the judgment.
In the first instance trial of the labor contract dispute case, the People's Court of Phu My town ordered the enterprise to compensate Mr. Hieu with more than 725 million VND. Because the enterprise did not voluntarily pay, the provincial trade union supported Mr. Hieu's family during the execution of the judgment. Thereby, the enforcement agency organized enforcement and paid the employee about 680 million VND, after deducting the cost of payment to the insurance company.
The appeal court of the labor contract dispute also ordered the company to pay the employee additional wages, compensation of nearly 450 million VND, and additional social insurance and health insurance contributions... When the company did not voluntarily comply with the judgment, the provincial Trade Union continued to participate in support.
“The family is very grateful for the support and companionship of the Ba Ria - Vung Tau Provincial Trade Union in the process of demanding workers' rights. Currently, the appellate judgment has been enforced and it is expected that the money will be paid to Mr. Hieu in November 2024,” said Ms. Khanh, Mr. Luu Chi Hieu's wife.
Accompanying the legitimate needs of workers
Regarding the dispute over compensation for work-related accidents (TNLD), in the first instance judgment, the People's Court of Phu My town ordered BOT PM3 company to compensate Mr. Luu Chi Hieu with more than 1.24 billion VND, including: Compensation for work-related accidents of nearly 1.02 billion VND; treatment costs of more than 222.3 million VND. The request for payment of late interest of more than 166.5 million VND and 10 months of salary support when working until the end of the project was rejected by the court because there was not enough basis for consideration.
Regarding this result, both the enterprise and the employee filed an appeal. According to the People's Court of Phu My town, the employee appealed in the direction of requesting to partially amend the first instance judgment, accepting all the lawsuit requests. The defendant, the enterprise, appealed in the direction of requesting not to accept all the plaintiff's requests.
“The family has contacted for support and received assistance in completing the procedures to appeal the first instance judgment according to regulations. The family will continue to ask the Provincial Trade Union to support the enforcement procedures for the first instance judgment on the labor accident compensation dispute that was just announced,” Ms. Khanh informed.
According to Mr. Nguyen Trung Ngan, when workers need support, the provincial trade union will receive information to find out. If it is determined that this is a legitimate and legal need, or if the rights and interests of workers are not guaranteed, the provincial trade union will step in, support and protect the rights of workers.
"In the case of Mr. Luu Chi Hieu, seeing that the worker's request was well-founded, we supported the family in completing the appeal procedures to send to the competent court," Mr. Ngan informed.
