In the afternoon of January 4, according to Lao Dong reporters' records, dozens of workers gathered in front of Hoang Huong's villa on Le Duc Tho street, Tu Liem ward (Hanoi), demanding to be paid salaries owed by the company.
Among these, people owe at least more than 10 million VND, and many people owe up to tens of millions of VND. They waited for many hours but no one came to resolve it.
The question is, who will be the one to pay wages to workers? Regarding this issue, Lao Dong Newspaper introduces an article, expressing the legal perspective of Lawyer Hoang Ha - Ho Chi Minh City Bar Association.
Workers should not gather in front of Hoang Huong villa to demand wage debt
In the case of employees gathering in front of Hoang Huong's villa to demand wages, their actions (workers) need to be considered from two perspectives:
First, regarding the legitimate rights of employees: According to Article 94 of the 2019 Labor Code, employers are obliged to pay salaries directly, fully and on time to employees. Prolonged salary arrears as reflected taking place for many months is a serious violation of labor law.
According to Article 35 of the Labor Code, employees have the right to unilaterally terminate labor contracts without prior notice if they are not fully paid or paid in time.
Secondly, regarding the method of demanding wages: As Lao Dong reflected, some workers gathered in front of Hoang Huong's villa to request payment of outstanding wages. In my opinion, this action poses legal risks related to public order.
Gathering crowds and hanging banners at an individual's private house (even if it is a business owner) is a "double-edged sword". In case this act causes traffic obstruction, disrupts public order in residential areas or appears words that insult personal honor and dignity, employees may be handled for the act of disturbing public order according to Decree 144/2021/ND-CP.
Even in serious cases, they may be prosecuted for criminal liability under Article 318 of the Penal Code. In particular, private houses are legal residences; encirclement or arbitrary intrusion (if any) may infringe on the right to inviolability of residence.
Labor law stipulates very specific procedures for resolving collective labor disputes over rights. This spontaneous debt collection is not considered a legal procedure or valid administrative procedure to force payment.
Currently, Hoang Huong is being prosecuted, temporarily detained and is being investigated for the crimes of Violating accounting regulations causing serious consequences and Tax evasion. The investigating police agency is continuing to expand the investigation of the case, clarifying other violations such as smuggling, production, and trading of counterfeit goods.
When there is a decision to prosecute and investigate for smuggling and tax evasion, functional agencies will often implement measures to seize assets, freeze accounts to ensure judgment enforcement and recover assets for the State.
This means that both the business and Hoang Huong's individual will lose the right to self-determination over assets, leading to the payout to employees being suspended.
Reality shows that workers are often in a weak position when business owners are arrested for economic crimes. The path to demanding wages will be long and depends on the results of investigation and handling of assets by functional agencies.
What do workers need to do to collect wage debts?
In the situation where the business owner is arrested, flocking to the villa to demand money is no longer effective because the owner is no longer there to resolve and the assets may have been sealed. Therefore, workers need to switch to approaching law enforcement agencies in the following steps:
Step 1: Urgently finalize debt and confirm benefits
Employees need to collect a list, salary table, payroll and related documents. Contact the accounting department or the remaining personnel of the company (if still operating) to request confirmation of salary arrears in writing with the company's seal. This is the most important evidence to claim benefits later.
Step 2: Send a petition to the Investigation Police Agency of the Ministry of Public Security
Because Hoang Huong is under investigation, employees should send a report or request for settlement of benefits as a person with related rights and obligations in the case. In the application, it is necessary to clearly state the amount of salary owed and request the investigating agency to extract assets or have a priority plan to resolve salary payments to employees from temporarily seized assets (if legal).
Step 3: Contact the Labor Federation and the Hanoi City Department of Home Affairs
Employees have the right to request higher-level Trade Unions to provide legal support and appoint lawyers to protect the interests of the collective of employees for free. At the same time, it is requested that the Hanoi City Labor Federation and the Hanoi City Department of Home Affairs have official written opinions to send to the Investigation Agency and the Procuracy to pay attention to the rights of workers when handling Ms. Huong's assets.
Step 4: Resolving social insurance benefits
In case the company goes bankrupt or ceases operations due to the owner being arrested, employees should contact the Social Insurance (BHXH) agency to be guided on procedures for closing the social insurance book (even when the company is owing social insurance contributions) to promptly receive unemployment benefits, helping to maintain their immediate life.
I want to add a note, workers are not allowed to arbitrarily enter villas or warehouses to get assets to offset debts. This act can constitute the crime of Publicly appropriating property or Theft of property, especially when those assets may be exhibits of a case being managed by the police.
Villas or company headquarters may be the scene of investigation. Crowding at this time easily leads to collisions with functional forces on duty, causing disadvantages for workers.
