[FREE LEGAL ADVICE]

QUESTION:

Hello brothers and sisters! I have a brother who works and has the following situation:

At the beginning of October, my brother applied for the position of Managing Director, through the interview, on October 8, he started working. He worked for 20 days, then the Board of Directors of the Company was fired because it was found that the information about his work experience in his CV was not true, so the Company decided to reduce 70% of the salary compared to the agreed salary. initial.

At the beginning of October, my brother applied for the position of Managing Director, through the interview, on October 8, he started working. He worked for 20 days, then the Board of Directors of the Company was fired because it was found that the information about his work experience in his CV was not true, so the Company decided to reduce 70% of the salary compared to the agreed salary . initial.

At the beginning of October, my brother applied for the position of Managing Director, through the interview, on October 8, he started working. He worked for 20 days, then the Board of Directors of the Company was fired because it was found that the information about his work experience in his CV was not true, so the Company decided to reduce 70% of the salary compared to the agreed salary . initial.

Could you please tell me: Which side is correct in this case?

ANSWER:

Hi, thanks for submitting your question to MEDLAW! Because the content of your question does not include relevant information (labor contract, decision on dismissal, ...) based on the information you provide, MEDLAW advises as follows: 

Based on the information you have provided, MEDLAW understands that what you wrote in your CV is completely true, but the company's side based on pictures posted on social networks and thinks that you are not honest. . That led to the decision to fire him. However, the reason given by the company is not in the cases where the employer is entitled to the disciplinary action of dismissal as prescribed in Article 125 of the 2019 Labor Code, so the company's dismissal My friend and asking for a 70% reduction in salary compared to the agreement in the Labor Contract is not in accordance with the law. At that time, you can send a complaint to the employer according to Decree 24/2018/ND-CP or file a lawsuit directly to the district court (district) where the company is located according to legal proceedings. Civil.

According to Article 125 of the Labor Code 2019, the disciplinary form of dismissal is applied by the employer in the following cases:

1. Employees commit acts of theft, embezzlement, gambling, intentionally causing injury, or using drugs at work;
2. Employees have acts of disclosing business secrets, technology secrets, infringing upon the intellectual property rights of the employer, committing acts of causing serious damage or threatening to cause particularly serious damage. about the employer's property, interests or sexual harassment at work as specified in the labor regulations;
3. The employee is disciplined for prolonging the time limit for salary increase or dismissal but repeats the offense while the discipline has not been removed. Recidivism is the case where the employee repeats the violation that has been disciplined but has not yet been disciplined as prescribed in Article 126 of this Code;
4. The employee voluntarily quits work for 5 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntarily quitting without a valid reason.

Cases that are considered to have legitimate reasons include natural disasters, fires, themselves and their sick relatives certified by competent medical examination and treatment establishments and other cases specified in the internal labor regulations. motion.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 

In case you ever need detailed consultation, please contact us directly for specific advice.

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