Dismissing staff
Dismissing staff is the most severe form of discipline that the company applied to force workers to leave. However, not in any case, the Company has the right to dismiss staffs, but only for cases prescribed by law and specified in the Rules, the dismissal is legitimate. Besides that, if the process of dismissal is not correctly applied, the dismissal procedure will bring more trouble to the Company.
Dismissing will cause a big impact for the staff work on the future. If the new company knows that you were fired, will they accept you? Your work will still favorable if your Company finds that you were been fired? So what should you do if you are dismissed?
With many years of experience, the CIS LAW FIRM advisory Lawyers support in solving many cases of dismissal, help staff to reclaim their rights.
CIS LAW FIRM provides the following services :
- Analysis of the case.
- Advice on labor rights in case of
- Resolution options when you get fired.
- Taking action to protect your rights.
- Implementing measures to request the interest from your company.
You wonder?
- Will you get fired?
- How to protect my rights?
All what you need to do is to contact us to have the support from our lawyers.
Please contact a lawyer via email: info@cis.vn or direct contact to the phone number (+84.08) 39 11 85 81.
Force to resign
You were forced to resign, saying that you reacted to leadership or to the department management; You don’t complete your work; You don’t fit the company culture; You used to be late a few times because of personal reasons, you don’t go to work usually due to coming second childbirth ... You accepted to resign from your company but you are dissatisfied with the regime.
Lawyers at CIS LAW FIRM have accompanied many staffs to "reclaim justice".
You are no longer voiceless in relation to the Company if you have lawyers on the side. If you think that your rights are not secured, or you wonder if such things were appropriate, CIS LAW FIRM lawyers will answer all your questions:
- Resign decision are complied with the law?
- The regime are acceptable?
- Do you want to have a lawyer when you are working with the company?
- Do you want to analyze and give advice on what you can and cannot do?
- Do you need a lawyer to compile petitions?
- Do you need a lawyer to accompany you with your claim?
All what you need to do is to contact us for helping you.
Please contact a lawyer via email: info@cis.vn or direct contact to the phone number (+84.08) 39 11 85 81 .
Legal consequences
When dismissal is illegal, companies must bear the following consequences.
- To reinstate the Company in accordance with the original labor contract; to pay the wage and social insurance and health insurance premiums for the period during which the staff was not allowed to work, plus at least 2 months’ wage in accordance with the labor contract.
- In case the staff does not wish to return to work, in addition to the compensation stipulated in Clause 1 of this Article, the Company shall pay a severance allowance in accordance with Article 48 of this Code.
- In case the Company does not want to reinstate the staff and the staff agrees, in addition to the compensation stipulated in Clause 1 of this Article and the severance allowance stipulated in Article 48 of this Code, the two parties shall negotiate on an additional compensation which must be at least equal to 2 months’ wage in accordance with the labor contract in order to terminate the labor contract.
- In case the position or job agreed in the labor contract is no longer vacant and the staff still wishes to work, the Company shall pay the compensation stipulated in Clause 1 of this Article and both parties shall negotiate to modify and supplement the labor contract.
- If violating the provision on the time of prior notice, the Company shall compensate the staff an amount equivalent to his/her wage for the working days without prior notice.
Contact us for advice and we will help you in case of layoffs and forced resignation.
Please contact a lawyer via email: info@cis.vn or direct contact to the phone number (+84.08) 39 11 85 81.
labor dispute resolution:
Labor dispute is one of the most frequent disputes in a company, especially in companies that are many workers. These disputes can be often found as: Remuneration, rest, social insurance, dismissal, forced resignation, ...
Therefore, to understand the situation Copyright International Law Firm (CIS LAW FIRM) with many years of experience in labor law consultancy, with Lawyers who have highly professional skill, dedication, responsibility and good relationships with agencies, can help you solve smoothly all your problems .
CIS LAW FIRM services include:
- Construction and adjustment of labor contract - This is one of the basis for handling labor disputes.
- Consulting, implementing the registration of the labor regulations;
- Consulting the application of labor discipline
- Resolving disputes about terms and working time, remuneration in the contract.
- Settlement of disputes between the company and staffs when either party unilaterally terminate labor contracts.
- Resolving disputes over layoffs.
- Resolving disputes in court, labor federation and specialized Inspectors.
All what you need to do is to contact us to be well served .
Please contact a lawyer via email: info@cis.vn or direct contact to the phone number (+84.08) 39 11 85 81.