In a competitive labor environment, dismissal of employees can occur for many reasons, from financial issues to changes in business strategy. However, illegal dismissal can seriously affect the rights of employees. When faced with improper dismissal, employees have the right to request protection of their rights by suing the company.
In a competitive labor environment, dismissal of employees can occur for many reasons, from financial issues to changes in business strategy. However, illegal dismissal can seriously affect the rights of employees. When faced with improper dismissal, employees have the right to request protection of their rights by suing the company.
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According to Article 125 of the 2019 Labor Code, employees can be dismissed in the following cases:
- Acts of theft, embezzlement, gambling, intentional injury, drug use at the workplace.
- Disclosing business secrets, technology, infringing intellectual property rights, causing serious property damage or sexual harassment.
- Repeating a violation that has been disciplined but has not been removed from the discipline.
- Absent from work for 5 consecutive days in 30 days or 20 days in 365 days without a valid reason.
If the company dismisses an employee in violation of the provisions of Articles 123, 124, 126 of the Labor Code and Article 30 of Decree 05/2015/ND-CP, the employee has the right to file a complaint. The complaint process is stipulated in Article 33 of Decree 05/2015/ND-CP, including:
- Complaining to the employer.
- Going to a competent state agency.
- Requesting resolution of individual labor disputes.
Individual labor disputes related to dismissal are not required to go through mediation. The process of filing a lawsuit includes:
Step 1: Prepare a lawsuit file
- Petition.
- Identity documents (citizen identification).
- Labor contract.
- Disciplinary dismissal decision.
- Minutes of the disciplinary dismissal meeting.
- Documents proving illegal dismissal.
Step 2: Submit a lawsuit file
The plaintiff submits the petition and accompanying documents to the competent People's Court through the following methods:
- Submit directly to the Court.
- Send via postal service.
- Send online via the Court's electronic information portal (if available).
Step 3: Accept the case
The Court will review the petition and accompanying documents. If the file is valid, the Court will notify the request for payment of advance court fees. After receiving the receipt of the advance payment of court fees, the Court will accept the case.
Step 4: Trial Preparation
- The trial preparation period is 04 months from the date of acceptance of the case. In case of complicated cases, the time can be extended by up to 02 months.
- The judge will take statements, examine evidence, and organize a conciliation session if necessary.
Step 5: First Instance Trial
- The trial must be opened within 01 month from the date of the decision to bring the case to trial. The time for opening the trial can be extended to no more than 30 days for legitimate reasons.
- Reasonable Cost: Based on the workload and complexity of the case.
- Transparent Process: Clear and transparent working process.
- Quick Support: Team of highly specialized and experienced lawyers.
- Comprehensive Consulting: Providing appropriate and effective solutions.
Why is it necessary to file a lawsuit for illegal dismissal?
- Protecting legitimate rights.
- Ensuring fairness in the working environment.
- Resolving disputes effectively and promptly.
Steps to file a lawsuit for illegal dismissal?
- Preparing documents.
- Submitting a lawsuit.
- Accepting and preparing for trial.
- First instance trial.
How long is the statute of limitations for filing a lawsuit?
- The statute of limitations for filing a lawsuit is 03 years from the date the employee knows or should know that his/her legitimate rights have been violated.
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
