Labor claims and disputes take a variety of forms and may extend to apprenticeships, petitions to declare a labor contract invalid, requests for review of the legitimacy of a strike, and countless others. Therefore, judgements and rulings of the Court involving labor issues contain variety of content as well.
One example is when an employer illegally and unilaterally terminates a labor contract, the employer is required by law to reinstate the employees under the previous labor contract and pay wages, social insurance, and health insurance for the period during which the employees were not allowed to work. In addition, employers must pay at least 02 months’ salary to the employees as specified in the labor contract. The enforcement of typical labor judgements includes the following:
First, enforcement of employers’ obligation to reinstate employees. This is a specific obligation in labor judgements and rulings and the most common obligation requested to be enforced in enforcement proceedings. As prescribed in the labor laws, once the Court declares that the unilateral termination is illegal and the employees wish to be reinstated, the Court shall compel the employer to reinstate the employees.
Second, enforcement of the compensation obligation in labor-related judgements and rulings. The compensation obligations in labor-related judgements and rulings are incredibly diverse. Some examples include obligations to compensate wages, remunerations for the period during which the employee was not allowed to work, obligations to pay redundancy allowances, severance allowances, training costs, etc.
Throughout our years of practice, the legal team at Le & Tran has encountered a variety of cases involving enforcement of labor judgements. In addition, we have successfully settled many complicated cases, assisting enterprises and employees to resolve their disputes, saving time and expenses.