[FREE LEGAL ADVICE]

QUESTION:

Because my income is not enough to cover my life, I quit my job and by July 9, 2022, it will be 45 days according to the regulations on unilateral termination of the labor contract. I have worked at this company for more than 9 years.

However, in 2021, due to the impact of the covid epidemic as well as the rearrangement of the work area by the Board of Directors (more than 50% of the workload was transferred to another room), the revenue of my department did not meet the target. come to the company to ask me to refund the salary and revenue of 2021 ~ 25 million dong and compensate for training costs ~ 10 million dong (going to school according to the assignment of the department leader and I signed the commitment) before quitting. In addition, in the years before 2021, L2 is considered as a support for you to ensure your income and peace of mind, so there is no precedent to collect this amount.

In June 2022, I still go to work as usual, but the company only shows a pay slip (the previous months transfer). At the same time, the Union also did not allow me to withdraw ~5 million, the amount each individual contributes 50k monthly as a savings (called mutual fund. ~8 million dong.

Lawyers let me ask:

If I don't refund the salary, revenue 2021 and the remaining training costs, will there be any impact on my resignation as well as the closing of the social insurance book (currently I still keep the social insurance book)

If I don't refund the salary, revenue 2021 and the remaining training costs, there will be any impact on my resignation as well as the closing of the social insurance book (currently I still keep the social insurance book)

If the company makes a decision to terminate the job / terminate the labor contract without giving me these decisions, how can I receive unemployment benefits?

My contract is an indefinite term contract, but because I didn't pay attention, I lost this contract. I hope you guys can help me with this case. Thank you sincerely.

ANSWER:

Hi, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:

In case the employee unilaterally terminates the labor contract for an indefinite term, the employee must notify the employer at least 45 days in advance and hand over the work. Accordingly, after unilaterally terminating the labor contract, the employee and the employer are responsible for paying in full all amounts related to the interests of each party, which may be salary, revenue, expenses, etc. training, salary in June 2022 according to Clause 1, Article 48 of the Labor Code 2019.

Regarding salary and revenue, this is the amount subject to the bonus regulations decided by the employer and publicly announced at the workplace after consulting the company's trade union according to Clause 2, Article 104 of the Code. Labor 2019. The issue of refunding the amount of salary and revenue bonus in 2021 at the request of the company must be based on the bonus regulation and agreement between the two parties. Regarding training costs, it must be based on the vocational training contract and the commitment between the two parties to determine the obligation to pay back according to Article 62 of the Labor Code 2019.

As for closing the social insurance book, when terminating the labor contract, the company is responsible for completing the procedures for closing the social insurance book because this is the responsibility of the company, not related to you having to pay payment of salary, revenue, training costs (if any) according to Clauses 1 and 3, Article 48 of the Labor Code 2019. Regarding payables such as revenue, training costs, if there is a dispute, there is a dispute. can be brought to a settlement at the Labor Mediator to guide and assist the parties in negotiating to settle disputes according to the provisions of Clause 1, Article 187 of the Labor Code 2019.

Accordingly, when the party has fully performed the obligations as prescribed above, when unilaterally terminating the labor contract, if the company fails to carry out the procedures for closing the social insurance book, as well as issuing a decision to resign, the You have the right to file a first-time complaint with the company's board of directors as prescribed in Clause 1, Article 15 of Decree 24/2018/ND-CP or a second-time complaint to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs. according to the provisions of Clause 2, Article 15 of Decree 24/2018/ND-CP for settlement. If both times are not resolved or the settlement is not in your interest, you can file a lawsuit in the Civil Court.

Specifically, the legal basis for your case is as follows:

According to Point a, Clause 1, Article 35 of the Labor Code 2019 on the right to unilaterally terminate the labor contract of an employee:

1. The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

1. The bonus regulations are decided by the employer and publicly announced at the workplace after consulting with the employee representative organization at the establishment, for the place where the representative organization of employees at the workplace is located. department.

According to Clauses 1 and 2, Article 62 of the Labor Code 2019 on the vocational training contract between the employer, the employee and the cost of vocational training:

1. The two parties must sign a vocational training contract in case the employee is trained to improve professional qualifications and skills, or re-trained at home or abroad from the employer's budget, including experience. costs sponsored by the partner to the employer.

The vocational training contract must be made in 02 copies, each party keeps 01 copy.

1. A vocational training contract must contain the following principal contents:

a) Vocational training;

b) Location, time and salary during the training period;

c) Term of commitment to work after being trained;

d) Training costs and responsibility to reimburse training costs;

d) Responsibilities of the employer;

e) Responsibilities of employees.

According to Clauses 1 and 3, Article 48 of the Labor Code 2019 on Responsibilities when terminating a labor contract:

1. Within 14 working days from the date of termination of the labor contract, the two parties are responsible for paying in full all amounts related to the interests of each party, except for the following cases where it can be extended but not more than 30 days
2. Employers have the following responsibilities:

a) Complete the procedures for confirming the time of payment of social insurance and unemployment insurance premiums and return them together with the originals of other papers if the employer has kept them from the employee;

b) Provide copies of documents related to the employee's working process if requested by the employee. Cost of copying and sending documents to be paid by the employer

According to Clause 1, Article 187 of the Labor Code 2019 on the competence to settle individual labor disputes:

Agencies, organizations and individuals competent to settle individual labor disputes include:

1. Labor mediator;

According to Clauses 1 and 2, Article 15 of Decree 24/2018/ND-CP on competence to settle complaints about labor, occupational safety and health:

1. Employers have the authority to settle complaints for the first time against their complained decisions and acts on labor, occupational safety and health.
2. The Chief Inspector of the Department of Labor, War Invalids and Social Affairs, where the employer is headquartered, has the authority to settle second-time complaints about complaints about labor, occupational safety and health when the complainant The complainant disagrees with the first-time settlement decision as prescribed in Article 23 or the time limit specified in Article 20 of this Decree has expired but the complaint has not been settled.

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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