[FREE LEGAL ADVICE]
QUESTION:

I am working as a human resources associate for a foreign company. There is a situation where a former office worker has quit his job, but the company has not paid the fee for you to support the accounting work while the company has not yet recruited someone (6 months). The story since I haven't worked here, so I don't know. But you have a certificate of debt with the director's signature and red seal. It's just that there is no third person to testify, now the director says no debt because you do it for free and the documents are fake. You want to sue the company, I'm in the middle and I don't know how to do it properly. Can you advise how to solve this case? Thank you.

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW has the following advice:

Contact with your question, based on the information you provided, the office worker in charge of accounting at your company has resigned, but because the company has not yet recruited new personnel, he has asked you to stay. support for a period of 6 months. Support costs during this time are determined through the debt confirmation letter with signature and red seal of the director. Thus, it can be understood that the labor contract between the company and the other employee has ended, there is no longer a labor contract binding the rights and obligations between the parties. At this time, the parties have agreed to another service contract, specifically the two parties have established an agreement through a debt certificate. This agreement has the nature of a service contract as prescribed in Article 513 of the Civil Code 2015 because the other employee is providing services by performing support work for the accounting department and the company is the user. service. Accordingly, the service provider has the right to request the service user to pay the service cost and the service user is obliged to pay the service fee to the supplier according to the provisions of Clause 2, Article 515 and clause 2 of this Article. 3 Article 518 and Civil Code 2015. The payment of service fees will be based on the agreement of the parties, namely through the debt certificate between the other employee and the company. The debt certificate will clearly show the rights and obligations of the party as well as have a red seal of the director to confirm the use and ensure payment for the service. If your manager believes that this credit is forged and the other employee has agreed to assist in the performance of the job at no cost, your director is obligated to prove this. If it is determined that the debt certificate is real, the other employee has the right to request the company to pay the accounting department support service fee for six months as agreed by both parties. In addition, because the company has breached its obligations when entering into a service contract, the other employee can sue to reclaim the money and ask the company to compensate for the breach of contract in accordance with the provisions of this Law. Article 419 Civil Code 2015. The civil contract dispute is a matter between your company and the other employee. As the person receiving the job, you just need to properly perform the duties and work that you do. assigned but must comply with the provisions of law.

Specific legal grounds in your case:

– Article 513 of the Civil Code 2015 stipulates that “A service contract is an agreement between parties whereby the service provider performs work for the service user, and the service user must pay for the service. service to the service provider”.

– Clause 3, Article 518 of the Civil Code 2015 stipulates the right of service providers to ask service users to pay for services.
Clause 2, Article 515 of the 2015 Civil Code stipulates that the service user's obligation is to pay for the service as agreed upon.

– Article 519 of the 2015 Civil Code stipulates that service users must pay for services as agreed.

– Article 419 of the 2015 Civil Code provides for compensation for damage caused by breach of contract
1. Compensation for damage caused by breach of contractual obligations shall be determined according to the provisions of Clause 2 of this Article, Article 13 and Article 360 of this Code.
2. The obligee may claim compensation for benefits he or she would otherwise be entitled to from the contract. The obligee may also require the obligor to pay expenses incurred due to the failure to fulfill the contractual obligations which do not overlap with the compensation for damages for the benefits brought by the contract.
3. At the request of the obligee, the court may compel the obligee to pay compensation for mental damage to the obligee. The level of compensation shall be decided by the Court based on the contents of the case.

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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