Synthesis of Appellate Judgments on Labor Disputes

No.

Judgment

Court

Summary

1

Judgment No. 14/2025/LĐ-PT dated February 28, 2025

Ho Chi Minh City People's Court

This appellate case concerns a labor dispute between the plaintiff, Mr. Bui Van H, and the defendant, Company in Ho Chi Minh City Inspection Company Limited. The core of the dispute revolves around the defendant's decision to dismiss the plaintiff. The case originated from the plaintiff's dismissal due to an alleged unreasonable work assignment that led to serious damages during the inspection of an exported rice shipment.

The content of the dispute specifically addresses the disciplinary dismissal decision (Decision No. 682/QD-NS dated November 30, 2023) and related compensation claims.

Plaintiff's Demands:

- The plaintiff requested the court to:

+ Annul Disciplinary Dismissal Decision No. 682.

+ Force the termination of Labor Contract No. 48/2013/HDLD dated January 1, 2013.

+ Compel the defendant to pay:

* Salary and allowances from December 1, 2023, until the trial date.

* Severance allowance from 1997 to 2009 (36,600,000 VND).

* Hazardous disinfection allowance from 2017 to 2023 (238,000,000 VND).

Defendant's Arguments:

The defendant requested the case be dismissed, arguing that the plaintiff had no right to initiate a lawsuit under civil procedure and that the statute of limitations for administrative litigation had expired. Furthermore, the defendant asserted that Dismissal Decision No. 682 was lawful, based on the plaintiff's violation which caused serious damage (Article 32 of the Labor Regulations).

Court Rulings:

- First-instance Court: The court rejected all of the plaintiff's requests, affirming that the dismissal decision was lawful and that the disciplinary process followed proper procedures. The plaintiff was exempted from paying first-instance labor court fees.

- Appellate Court: The appellate court rejected the appeal, upholding the first-instance judgment. The plaintiff was again exempted from paying labor court fees.

2

Judgment No. 94/2024/LĐ-PT dated August 29, 2024

Ho Chi Minh City People's Court

This appellate case addresses a dispute concerning the unilateral termination of a labor contract and compensation for damages. The dispute arose from the employment of Ms. Vu Thi Ngoc T (Plaintiff) by D Company- Ho Chi Minh City Branch (Defendant) under an indefinite-term labor contract since August 13, 2007. The Plaintiff received a decision to terminate her labor contract, effective February 13, 2021, citing reasons of company restructuring, technological changes, or economic factors. The Plaintiff argued that this termination was unlawful, disagreeing with both the reason provided and the termination process followed by the Defendant.

Plaintiff's Demands:

The Plaintiff requested the court to:

- Declare the Defendant's Decision No. 2021/02/2021.HR-DTBCN.H11.002, dated February 12, 2021, to terminate the labor contract as unlawful.

- Compel the Defendant to reinstate the Plaintiff.

- Compel the Defendant to pay wages for the days the Plaintiff was out of work, from February 13, 2021, until the first-instance trial date (September 11, 2023), totaling VND 3,461,666,666.

- Compel the Defendant to pay two months' salary for the unlawful unilateral termination of the labor contract, totaling VND 223,333,334.

- Compel the Defendant to pay social insurance (BHXH) for the Plaintiff during the period she was out of work due to the unlawful contract termination.

- Demand compensation for damages to honor, reputation, and mental health amounting to VND 34,000,000,000 (thirty-four billion dong) if the Defendant does not reinstate the Plaintiff.

Defendant's Stance:

The Defendant asserted that:

- The termination of the labor contract was lawful, based on Article 42 of the 2012 Labor Code (corresponding to Article 44 of the 2019 Labor Code) concerning changes in structure, technology, or economic reasons.

- The proper procedures under labor law were followed.

- They disagreed with all of the Plaintiff's demands.

- They requested the annulment of the entire first-instance judgment due to procedural violations and a re-adjudication that would dismiss all of the Plaintiff's claims.

Court Rulings:

- First-instance Court: The court ruled that the Defendant's decision to terminate the labor contract was unlawful. It compelled the Defendant to:

+ Reinstate the Plaintiff.

+ Pay wages for the days the Plaintiff was out of work and two months' salary for the unlawful contract termination, totaling VND 3,685,000,000.

+ Pay social insurance (BHXH) for the Plaintiff for the days she was out of work.

+ Pay compensation for mental distress due to the unlawful unilateral contract termination, amounting to VND 34,000,000,000 (if the Plaintiff is not reinstated).

Appellate Court: The appellate court upheld the first-instance labor judgment (Judgment No. 95/2023/LĐ-ST).

3

Judgment No. 98/2024/LĐ-PT dated September 16, 2024

Ho Chi Minh City People's Court

This appellate case concerns a dispute over the unilateral termination of a labor contract. The case began when Mr. Nguyen Khac H (Plaintiff), who worked as a Project Director for Company A Joint Stock Company (Defendant), had his employment contract terminated by the Defendant on July 18, 2020. The Plaintiff claims that this unilateral termination was unlawful.

Plaintiff's Demands:

The Plaintiff requested the court to:

- Compel the Defendant to pay 04 months' salary.

- Compel the Defendant to pay wages for the days he was not allowed to work, from the date he received the termination decision until the trial date.

- Compel the Defendant to fully pay and finalize social insurance (BHXH) and health insurance (BHYT) contributions at his actual salary level for the days he was not allowed to work, from July 18, 2020, until the trial date.

- Compel the Defendant to pay supplementary social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN) contributions at his actual salary level for each period from February 1, 2010, to June 30, 2020.

- Reject the entire first-instance judgment.

Defendant's Stance:

The Defendant asserted that the termination of the contract was lawful and rejected all of the Plaintiff's demands.

Court Rulings:

- First-instance Court: The court rejected all of the Plaintiff's claims, determining that the Defendant's unilateral termination of the labor contract was lawful and that the Plaintiff failed to provide supporting evidence.

- Appellate Court: The appellate court upheld the first-instance labor judgment (Judgment No. 17/2024/LĐ-ST).

4

Judgment No. 99/2024/LĐ-PT dated September 17, 2024

Ho Chi Minh City People's Court

This appellate case deals with a labor contract dispute between Mr. Tran T (Plaintiff), who worked as Sales Director for Company D Co., Ltd. (Defendant). The dispute began on October 14, 2022, when the Plaintiff submitted his resignation letter and demanded various payments, including salary, compensation, and other related amounts. The Defendant, however, maintained that all payments had been made fully and in accordance with regulations.

Plaintiff's Demands:

The Plaintiff requested the court to:

- Compel the Defendant to pay salary for October 2022, amounting to VND 26,000,000.

- Compel the Defendant to pay 01 month's salary as compensation for unlawful termination of the labor contract, amounting to VND 26,000,000 (the Plaintiff argued that the Defendant had unilaterally terminated the contract).

- Compel the Defendant to pay for unused annual leave days for 2022, amounting to VND 10,000,000.

- Compel the Defendant to pay wages for days not worked (after the alleged unlawful termination) from November 1, 2022, until the first-instance trial date, totaling VND 290,000,000.

- Compel the Defendant to fully pay social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN) for the Plaintiff from January 2018 to October 2022.

Defendant's Stance:

The Defendant:

- Disagreed with all of the Plaintiff's demands.

- Asserted that the Plaintiff had voluntarily resigned.

- Claimed to have fully paid all salaries and allowances in accordance with legal regulations.

- Filed an appeal against the first-instance judgment, requesting its complete annulment or modification to dismiss all of the Plaintiff's claims.

Court Rulings:

First-instance Court:

- Accepted the Plaintiff's lawsuit.

- Dismissed the Plaintiff's claims regarding social insurance, health insurance, and unemployment insurance for the periods from January 1, 2016, to May 30, 2017; from June 1, 2017, to April 31, 2018; and for unused annual leave days.

- Appellate Court: The appellate court rejected the Defendant's appeal and upheld the first-instance judgment.

5

Judgment No. 05/2025/LĐ-PT dated January 17, 2025

Ho Chi Minh City People's Court

This appellate case addresses a dispute concerning the disciplinary dismissal from employment between Ms. Phan Thi T (Plaintiff) and Company F Co., Ltd. (Defendant). Ms. Phan Thi T, an employee of Company F (Vietnam) since 2008, sued the company, alleging that she was unlawfully dismissed.

Plaintiff's Demands:

The Plaintiff requested the court to:

- Annul Disciplinary Decision No. 14541/QĐLL dated December 28, 2022.

- Annul Termination Decision No. 34154/QĐ dated December 29, 2022.

- Compel the company to reinstate her.

- Compel the company to pay wages for the days she was out of work from December 29, 2022, until the first-instance trial date (August 9, 2024), totaling VND 171,303,000.

- Compel the company to retroactively pay social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN) for the period she was out of work, totaling VND 36,195,142.

- Compel the company to pay 02 months' salary as compensation for unlawful dismissal, amounting to VND 17,721,000.

- The total requested compensation amount was VND 225,219,142.

Defendant's Stance:

The Defendant disagreed with all of the Plaintiff's claims. They asserted that the disciplinary action against the Plaintiff was carried out correctly, following proper procedures as stipulated by law. The Defendant also denied the Plaintiff's claim that Mr. Rody C pleaded with Ms. T to withdraw her complaint at the authorities.

Court Rulings:

- First-instance Court: The court rejected all of Ms. Phan Thi T's claims.

- Appellate Court: The appellate panel determined that the first-instance court's judgment was rendered in accordance with regulations. They noted that Ms. T had repeatedly violated labor regulations while already under disciplinary action. The company was found to have followed the correct disciplinary process, and Ms. T's non-participation in meetings was due to her personal choice. Therefore, the appellate court decided to reject the Plaintiff's appeal and uphold the first-instance judgment.