Believe that everyone should hear about or wonder about issues like termination, wrongful termination, unpaid wages, company layoffs, resignations, unjust dismissals, or being fired. This article will discuss how employees can seek justice if such events occur.

When an employee is terminated or dismissed, they have two options to pursue their rights. They must choose one option until the process is completed and cannot proceed with both simultaneously. The two available options are:

1 Complain with the local labor inspectorate at the Department of Labour Protection and Welfare.

2 File a lawsuit in labor court.

1 An employee who has been terminated files a complaint with the local labor inspectorate at the Department of Labour Protection and Welfare.

If the employee chooses this option, they can go to the local labor welfare and labor protection office in the area where they work and provide details about their hiring and termination to the labor inspector. After the labor inspector has received the complaint, they will investigate by questioning our employer company. An order will be issued within 60 days from the date of receiving the complaint. If the labor inspector cannot issue an order within 60 days, they can request an extension of up to 30 days from the expiration of the initial 60-day period. Therefore, the longest possible timeframe for using this method is 90 days.

The order is issued, if after the labor inspector’s investigation, it is found that the employee is entitled to receive any payment that the employer is legally obligated to pay under labor laws, the labor inspector will order the employer to pay such amounts to the employee. If the employee passes away before receiving the payment, the employer must pay it to the employee’s heirs within 30 days from the date the employer is notified or deemed to have been notified of the order.

If the employee or employer is dissatisfied with the labor inspector’s order, they can appeal to the labor court within 30 days from the date they are notified of the order. The law does not specify criteria for when an employee can appeal, but if the employer chooses to appeal, they must deposit the disputed amount with the court. This serves as collateral to ensure that if the court approves the labor inspector’s order, the employee will receive the payment accordingly.

However, if no one appeals the order, and once the time frame for the labor inspector’s order for the employer to pay the employee has passed without payment, the labor inspector’s order becomes final. To enforce the order, the employee must take the labor inspector’s order to court to obtain a judgment or order consistent with the labor inspector’s order. The court will then enforce the judgment or order accordingly. Labor dispute cases are typically expedited, but the law does not specify a time frame for when a judgment must be issued.

2 The terminated employee files a lawsuit in court.

If the employee chooses this method, the advantage is that once the court has made its judgment, it can enforce it without needing to file separate enforcement proceedings like in the first method. However, there is no specified timeframe for the court to consider the case, although it is required to be prompt. Typically, it takes a similar amount of time as the first method.

Filing a lawsuit in the labor court isn’t difficult. Normally, there are legal aids available at the court to assist in drafting the complaint. Filing a labor dispute case incurs no charges or fees, as the principle of adjudicating labor cases is based on convenience, cost-effectiveness, speed, and fairness.

If either the employee or the employer is dissatisfied with the court’s judgment, the method of appeal is through filing an appeal to the Court of Appeal Specialized in Labor Cases.

Both of these methods have their advantages and disadvantages. The advantage of the first method is that if the labor inspector orders the employer to pay money and the employer appeals, they must deposit the disputed amount with the court before they can appeal the labor inspector’s order. In the normal course of a labor inspector’s case consideration, questioning the truth of each party’s statements reduces confrontation, making negotiation possible with less pressure than facing each other in court. The disadvantage is in the case of enforcement. If the employer does not pay the money as ordered by the labor inspector, the employee still needs to bring the case to court for enforcement.

The advantage of the second method is that there’s no need to enforce the court’s judgment or order again. In cases of unfair termination, the court can also order the employer to pay compensation for the unfair termination. However, the labor inspector cannot issue such orders because the law does not grant them the authority. The amount of compensation the court considers depends on various factors, including the actual compensation received by the employee, so it’s uncertain how much compensation will be awarded. The downside is the time it takes for the court to consider the case. If the court is busy at that time, the consideration may take longer than the first method. Negotiations may also be more challenging if the employer hires a lawyer, making it harder to reach an agreement compared to the first method.

We hope this article will be helpful for you in deciding which path to take to assert your rights.