I am a worker, 60 years old. Due to difficult circumstances, I applied to work as a cleaner for a small business with a salary of 5 million VND. They said I was old so they only accepted my application, but the two sides did not make a labor contract and I did not receive any benefits such as insurance...
I have only worked for 2 months and have received my salary for 1 month. Suddenly, near Tet holiday, they increased my working hours by 1 hour. During Tet holiday, there is a lot of work and I have to come home late, so I am not healthy enough to work so I quit my job. However, the company has a condition that I must submit a resignation letter with 30 days notice before I can quit. If I quit right away, they will not pay me.
Now I don't know what to do, if I quit now they won't pay me last month's salary. And if I wait another 30 days, I won't be able to work. So what should I do as an employee to protect my rights? What does the law say about my case?
Reader Thuy Linh.
Consulting attorney
Lawyer Bui Quoc Tuan (Ho Chi Minh City Bar Association) advised that the company hired her without signing a labor contract and without providing any benefits, which is a violation of labor laws.
Lawyer Bui Quoc Tuan (Ho Chi Minh City Bar Association)
After 2 months of working, even though there was an oral labor contract agreement and they paid her salary, there was a labor relationship between her and the company. The company required her to submit a resignation letter 30 days in advance before allowing her to quit and did not pay her salary if she quit early, which is against the law.
Therefore, she should work with the company again and ask the labor protection agency to intervene to resolve the issue. At the same time, she must have evidence to prove that she has a labor relationship with the company such as receiving salary through an account, having a resignation letter, etc. From there, she should ask the labor federation of the district where the company is located to help and exercise the right to sue later in court if the two parties cannot reach an agreement.
She is 60 years old, of retirement age. If the company hires her, it will be under a fixed-term labor regime. Article 149 of the Labor Code stipulates that when employing elderly workers, the two parties can agree to enter into multiple fixed-term labor contracts.
According to a fixed-term contract, you have the right to unilaterally terminate the labor contract according to the following milestones: at least 3 working days if working under a fixed-term labor contract with a term of less than 12 months.
Accordingly, the use of elderly workers is permitted by law. However, when using elderly workers, the following issues should be noted:
Firstly, employers are allowed to sign fixed-term labor contracts multiple times. For regular employees, they are only allowed to sign fixed-term labor contracts a maximum of 2 times.
Second, in cases where safe working conditions are not ensured, employers are not allowed to employ elderly employees in heavy, toxic, dangerous or especially heavy, toxic, dangerous jobs that have adverse effects on their health.
In case of violation, the employer may be fined from 10 to 15 million VND (Article 30 of Decree 28/2020 of the Government).
Third, have the responsibility to care for the health of elderly workers at the workplace.
Fourth, insurance must be paid for elderly workers who have not yet received a monthly pension but are working under a labor contract for at least 1 month.
Fifth, for elderly employees receiving pensions, employers are responsible for paying an additional amount to the employee at the same time as the salary payment period, equivalent to the amount the employer pays for compulsory social insurance, health insurance, and unemployment insurance for the employee (Clause 3, Article 168 of the Labor Code).
Sixth, when requiring elderly workers to work overtime, it is necessary to meet the conditions specified in Clause 2, Article 107 of the Labor Code.
Thus, the rights and obligations of elderly workers are still the same as those of normal workers. However, elderly workers will have their own policies and incentives to suit their age and health conditions.
Source link
Comment (0)