COMPENSATION FOR BREACH OF CONTRACT WORKERS

The labor contract is an agreement between the employee and the employer have paid employment, working conditions, rights and obligations of the parties to establish labor relations. Therefore, when a party fails to act / perform incomplete / improper performance under the agreement or under the law shall be considered a violation of labor contracts. One consequence of this violation is having to pay damages.

However, within the scope of this article Ha Do Lawyers Law referring to specific cases of compensation for breach of employment contract as "compensation for the unilateral termination of labor contracts illegal."

For users of labor, Article 42 - the Labour Code in 2012 providing details and specific about "obligations of employers to unilaterally terminate the labor contract is unlawful". For the case of the employee, Article 43 - The 2012 labor law provisions and specific details about the "obligation of the employee to unilaterally terminate the labor contract is unlawful".

However, actual experience with cases that Lawyer Ha Do has settled law concerning this issue appeared some problems such as:

On the side of labor users: One of the obligations is "getting the workers back to work." In fact, many cases do not want to get back to work as laborers who have made the decision to terminate the labor contract. Meanwhile, labor users often agree plans to pay compensation for Workers to complete the procedures for terminating labor contracts. However, even if the compensation agreed for Workers are also many cases where employers implement processes and procedures are not properly compensated. This can sometimes lead to the consequence must pay compensation equal to two times the agreement by not clearly distinguish the amount of compensation, the amount of pension is prescribed.

To the Workers: A common problem is "training compensation costs when workers unilaterally terminate labor contracts". According to regulations, the employee must only pay compensation for training costs to unilaterally terminate the contract unlawful. In case of unilateral termination of the contract lawful, not compensation for training costs.

In fact there are a number of businesses have been facing the problem that, after the training, the acquisition of knowledge about the business, technical sciences leave the Workers now have coverage for his attendance to look to other businesses with many different reasons. This makes the business "has lost the person who has lost."

Thus, in practical application of the provisions of the law, including the Laborers and labor users also encountered difficulties and problems fixed. Sometimes the behavior is proper seemingly could become non-compliance violations by the reserves of labor legislation in general and the law on compensation for breach of contract labor in particular.

To get accurate advice and timely, you can contact directly with Ha Do Lawyers Law under 24/7 call center consulting: 1900 62 80

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