A reader with email hoax@xx sent an email to the Lao Dong Newspaper Legal Counseling Office to ask: Our company has no job after the equitization. The President of the Board of Directors of the parent company (holding 90% of capital) assigned us to do other jobs that were not stated in the labor contracts. The company also required us to pay 100% of social insurance. If we lose our jobs, how will our benefits be handled?

Lao Dong Newspaper's Legal Counseling Office replied:

No matter what type of company your company is, it must comply with the labor laws generally. According to the current law, only the employer (usually the legal representative of the company) has the right to assign an employee to perform a job that is not stated in the labor contract as prescribed in Article 31 of the Labor Code.

The President of the Board of Directors or the General Director of the parent company (who is not the person who signed the labor contract with you) does not have the right to assign jobs to you, because there is no labor relationship between the two parties.

In case you lose your job, you will be entitled to benefits according to Article 49 of the Labor Code 2012:

1. An employer shall pay a job-loss allowance to an employee who loses his/her job under Article 44 or 45 of this Code and has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month’s wage for each working year, but must not be lower than 2 months’ wage.

2. The working period used for the calculation of job-loss allowance is the total time during which the employee actually works for the employer minus the time during which the employee benefits from unemployment insurance following the Law of Social Insurance and the working period for which the employer has paid a severance allowance to the employee.

3. The wage used for the calculation of job-loss allowance is the average wage under the labor contract during 6 months preceding the time the employee loses his/her job.

In addition, the company shall have to pay social insurance, health insurance, and unemployment insurance for you at the rate equal to 21.5% of the salary under the labor contract, it is not required you to pay 100% social insurance (equivalent to 32% of the salary).

The company's treatment is illegal. You can complain to the Division of Labor, Invalids and Social Affairs or the Confederation of Labor of district or sue the company to the district People's Court where the company is located for protecting your benefits.

Legal advice

Please call the free hotline for legal advice 19008088 - or call the hotline: 0979310518; 0961360559 to get a quick, timely answer or email us: tuvanphapluat@laodong.com.vn or go to 6 Pham Van Bach, Hanoi and 198 Nguyen Thi Minh Khai, Ward 6, District 3, HCMC for Lawyers consult directly on Tuesdays and Fridays every week.

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