The rights F0 employees need to know when there is a conflict with the company in Vietnam, F0 employees need to know when there is a conflict with the company in Vietnam, F0 employees in Vietnam, conflict with the company in Vietnam,

The rights F0 employees need to know when there is a conflict with the company in Vietnam

As the Covid-19 pandemic is dragging on in Vietnam, the employees are left with worries that they might be fired due to the company’s incapability to pay them. It’s even more worrisome if the employees got infected with the Covid-19 virus and become F0, unable to work directly at the company for a long period of time. They are afraid that they might get fired and replaced if they can’t recover fast and go to work. So, what are the rights F0 employees need to know when there is a conflict with the company in Vietnam?

Even if the employee is not infected with the virus, due to the overwhelming burden on businesses, many have chosen to lay off a large number of employees to keep the pressure to the minimum level. 

So, it is not strange that when the employee is infected with the Covid-19 disease, many businesses have also considered it the opportunity to lay off these employees as they can’t work for the coming time anyway. 

However, if the employee is, in fact, fired because of the Covid-19 disease, the termination of the labor contract might be deemed illegal according to the law. 

The rights F0 employees need to know when there is a conflict with the company in Vietnam
The rights F0 employees need to know when there is a conflict with the company in Vietnam

So, what are the rights of the employees when in conflict with the business over this issue? What is the legal basis? 

Can the company fire an employee because of Covid-19?

According to the provisions of Article 36 of the Labor Code 2019, an employer may only dismiss an employee if he/she has one of the following 7 reasons:

  • Employees often do not complete the work.
  • The employee has been treated for an illness or accident but has not yet recovered his working capacity.
  • In the event of a natural disaster, fire, major epidemic, hostility, relocation, or downsizing requested by a competent authority, the employer has to lay off employees after all possibilities have been exhausted;
  • The employee is not present at the workplace after the time limit specified in Article 31 of the Labor Code;
  • The employee reaches the retirement age specified in Article 169 of the Labor Code unless otherwise agreed by the parties;
  • The employee quits his/her fails to go to work without acceptable excuses for at least 05 consecutive working days;
  • The employee fails to provide truthful information during the conclusion of the employment contract in accordance with Clause 2 Article 16 of the Labor Code in a manner that affects the recruitment. 

Compared with the above provisions, it can be seen that the fact that the employee is infected with Covid-19 is not a legal basis for the employer to have the right to unilaterally terminate the contract.

Therefore, the act of dismissing an employee because of Covid-19 infection in particular as well as diseases, in general, is completely illegal.

The rights of employees when being fired due to Covid-19 virus

The act of dismissing an employee due to Covid-19 is defined as an act of unilaterally terminating the labor contract. Therefore, to reclaim their rights, employees can file a complaint to the company’s management. Complaints can be made in writing or in person, clearly stating the reason for the complaint.

If past the time limit and the complaint has not been resolved or has been resolved but the employee disagrees with the solution of the company, the employee can complain to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs where the company is headquartered.

In addition to the complaint measure, the employee can directly initiate a lawsuit to the Court according to civil procedures for being unilaterally unlawfully terminated the contract.

Pursuant to Articles 32, 35, and 39 of the 2015 Civil Procedure Code, the authorized court to settle this dispute is the district-level People’s Court where the company is headquartered.

ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.

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