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The complainant worked at the factory from 2005 and resigned on 3 March 2020. The worker did not receive severance allowance for the period prior to 2009, nor for maternity leave in 2010. When the worker contacted Human Resources, she was told that she did not have any severance allowance payment remaining.
The member informed the factory about the complaint.
The factory said that the complainant worked from 2005 until March 2020.
In 2019, the complainant signed an agreement where she agreed to not resign within three years. However, she found a new job and wanted to leave in March 2020.
She did not go to work from 2 to 6 March 2020 and did not inform the factory, which is why she was dismissed and she was not entitled to her full severance. The factory still paid benefits from 2005 to 2009.
The factory also provided documentation on a similar case and labour law explanation in Vietnamese, which will be reviewed by the complaint handler.
The complainant handed in her termination form on 15 January 2020 with the intention to terminate her labour contract on 3 March 2020. She received approval from the vice line leader, line leader, supervisor and production manager. However, the office manager denied having received the letter and did not approve the resignation. In the end, the complainant decided to leave the factory.
Since the complainant terminated the labour contract unlawfully, she cannot receive the severance allowance for the contract that started in 2019. However, she is entitled to the severance payments of her previous contract(s) since 2005.
The complainant shared the dismissal decision dated 7 March 2020. The dismissal decision stated that the worker was fired due to absence for five working days.
To verify whether the disciplinary action is lawful or not, more documents are required related to the disciplinary policy and process of the factory; in particular minutes of the disciplinary meeting. The complainant said that he/she was not informed about nor attended any disciplinary meeting, as required by law