Employee takes boss to court
The case of a "teacher committing suicide by taking medicine" in Ho Chi Minh City suing Hoang Quoc Viet Secondary School has attracted attention in recent days.
This is a labor case, "dispute over the cancellation of an illegal decision to force a layoff and salary, increased income and money according to Resolution 03" with the plaintiff being Ms. Vo Thi Nhu Hoa, a teacher at Hoang Quoc Viet Secondary School suing the principal of this school.
According to the lawsuit, Ms. Hoa requested the school to cancel the decision to force her to quit her job at the end of 2021 and pay the amount, including interest, of more than 300 million VND.
Before being forced to quit her job, in early December 2021, Ms. Hoa committed suicide by taking poison at school to protest the principal's disciplinary decision.
Ms. Vo Thi Nhu Hoa before the trial of the lawsuit against the principal of Hoang Quoc Viet Secondary School, Ho Chi Minh City (Photo: Hoai Nam).
In the middle of the trial, the atmosphere was tense because the plaintiff was a teacher and the defendant was a school leader. The office relationship, the relationship between colleagues, the relationship between employees and bosses were now two sides facing each other in court. Both sides constantly presented arguments and evidence to defend themselves and refute the other side.
In fact, this is not an isolated incident of an employee suing the boss in court. Labor disputes arise very often in life, and the boss and employee have to go to court... talk, use the law to resolve the conflict.
Also in the field ofeducation , not long ago, in Ho Chi Minh City, literature teacher Pham Quoc Dat dragged the principal of Vo Truong Toan High School to court.
Mr. Dat sued the decision to discipline him with a warning, suspension from teaching, and transfer him to another part-time job for 12 months.
According to this decision of the school, Mr. Pham Quoc Dat committed violations in professional activities causing serious consequences, insulting the honor, dignity and reputation of others while performing professional activities.
Among them, Mr. Dat organized a dramatization of literature, letting students perform plays recreating "hot scenes" in some works such as "Bi Vo", "Xuan Toc Do"...
In mid-2022, in Dong Nai , security guard Trinh Van Loi, who was illegally fired by his company, won a lawsuit with compensation of more than 173 million VND. At the same time, the court forced the employer to reinstate the male security guard.
According to the incident, after nearly 2 years of working, the company transferred Mr. Loi to work in another location. Mr. Loi did not agree so the company terminated his labor contract.
Being fired, and during the Covid-19 pandemic, Mr. Loi's life fell into difficulty. He went to the Trade Union Legal Advice Center, Dong Nai Provincial Labor Federation and received free support to file a lawsuit and win the case.
Recently, the People's Court of Thu Duc City, Ho Chi Minh City also tried the case of female employee Phan Thi Thanh Xuan suing Coca-Cola Vietnam Company for unilaterally terminating her labor contract in violation of regulations after 8 years of employment.
Finally, Ms. Xuan won the lawsuit when the court forced the company to pay a total of over 300 million VND to the workers.
Learning to deal with the law: Not easy!
Nowadays, improving legal knowledge so that workers understand the law as well as their rights is emphasized. From grassroots unions to social organizations, there are many activities to disseminate legal knowledge and support workers facing difficulties in legal disputes.
Mr. Phan Ky Quan Triet, Deputy Director of the Center for Human Resource Demand Forecasting and Labor Market Information of Ho Chi Minh City, shared that currently, in addition to requirements on professional expertise, skill groups, personnel also need to have a clear understanding of internal rules, regulations, work style as well as understanding of legal regulations related to the labor field.
The trial of teacher Pham Quoc Dat suing the principal of Vo Truong Toan High School (Photo: Hoai Nam).
When understanding the law, workers will understand the rights and limitations of the business, their superiors and themselves in order to make adjustments and know how to speak up for their rights properly and with basis.
Mr. Nguyen Hoang Quan, Deputy Director of Human Resources at a food company in Ho Chi Minh City, said that Vietnamese people often believe that "a hundred reasons are not worth a little bit of love". Being used to talking with "love" sometimes makes people forget to solve problems with reason, principles, and legal regulations...
According to Mr. Quan, people need to realize that in work relationships, suing each other in court to resolve disputes is completely normal. This demonstrates civilization, respect for the law, and avoids unnecessary resentment, conflict, or backstabbing.
This person emphasized that after the trials and confrontations during the litigation process, when returning to work, many people continue to be colleagues, have superior-subordinate relationships...
Insiders, both the plaintiff and the defendant, should evaluate the issue objectively and rationally to avoid unnecessary feelings of inferiority or even ill will.
However, Mr. Quan admitted: "When colleagues, especially employees and bosses, take each other to court, it is not easy to work and cooperate afterwards. In fact, court sessions can sometimes be the end of this relationship. This is something that everyone needs to prepare for in order to have proactive solutions."
Like the case of the teacher who "let his students reenact a hot scene" suing the school mentioned above, when the judge announced the suspension of the case, Mr. Pham Quoc Dat immediately left the court...
After the trial, Mr. Dat quit his job with the pain of "how can I continue to stay at school?".
This leaves many people who are concerned about the matter with heavy concerns. If only both sides, the teacher and the school leaders, had acknowledged and sympathized with each other, the conflict might not have escalated to such a level...
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