On December 6, 2024, at the headquarters of the People's Court of Ben Cat City, Binh Duong Province, the first instance public trial of Labor case No. 54/2024/TLST-LD dated October 3, 2024 regarding: "Dispute over the request to declare the labor contract invalid" according to Decision to bring the case to trial No. 21/2024/QDXXST-LD dated November 19, 2024, between the parties:
– Plaintiff: Ms. Ho Le Kim A, born in 1995; permanent residence: Group C, Hamlet T, Commune P, District V, Kien Giang Province; absent, with a request to be absent.
– Defendant: C Limited Liability Company; head office address: Lot M-CN, Industrial Park M, Ward M, City B, Binh Duong Province.
Legal representative of the defendant: Ms. Nguyen Thi Tu T, born in 1986; permanent residence: No. A, N Street, P Ward, T City, Binh Duong Province, is the authorized representative (Power of Attorney dated November 7, 2024); absent, with a request for absence.
– People with related rights and obligations:
1. Ms. Huynh Thi Chuc L, born in 1996; permanent residence: Hamlet T, Commune P, District V, Kien Giang Province; temporary residence: Road L, Group F, Hamlet B, District B, Binh Duong Province; absent, with a request for absence.
– Social Insurance of City B, Binh Duong Province; head office address: Ward M, City B, Binh Duong Province; absent, with a request for absence.
CASE CONTENT
In the Petition dated September 9, 2024, the Petition to Change the Petition dated October 15, 2024 and the litigation process, the Plaintiff stated:
In September 2013, she lent her ID card to her niece Huynh Thi Chuc L so that Ms. L could work at Limited Liability Company C; head office address: Lot M-CN, Industrial Park M, Ward M, City B, Binh Duong Province. When Ms. L worked at Limited Liability Company C, Ms. L and Limited Liability Company C signed Labor Contract No. 009771, dated January 9, 2013 and Labor Contract No. 009771, dated September 1, 2014, and Limited Liability Company C paid social insurance for Ms. L at Social Insurance B during the period from September 2013 to January 2015 according to social insurance book number: 7413237784.
During the time Ms. L participated in social insurance and worked at Limited Liability Company C, she also worked as a worker at the Production Branch of Company L1, branch address: Cluster C, Duc Hoa D, District D, Long An Province and participated in social insurance at Long An Provincial Social Insurance, from December 2013 to November 2016, she stopped working at the Production Branch of Company L1.
Currently, she wants to withdraw social insurance money but cannot because it overlaps with Ms. L's insurance.
According to the Complaint dated September 9, 2024, she filed a lawsuit requesting:
– Cancel the labor contract signed between Ms. Ho Le Kim A and C Limited Liability Company.
– Cancel the social insurance payment results from September 2023 to January 2015 according to social insurance book number: 7413237784 issued to Ms. Ho Le Kim A.
According to the Change of Claim Form dated October 15, 2024, she changed her claim, the content of the change is as follows:
- Declare Labor Contract No. 009771, dated January 9, 2013 and Labor Contract No. 009771, dated September 1, 2014 signed between Ms. Ho Le Kim A and Limited Liability Company C, as invalid.
– Adjust the name Ho Le Kim A, born in 1995, ID card number 371763050 on the Social Insurance book code 7413237784 to the name Huynh Thi Chuc L, born in 1996; ID card number: 091196008615 of the social insurance payment process from September 2023 to January 2015.
In document No. 01/CY-TAND/2024 dated November 12, 2024, the defendant's legal representative, Ms. Nguyen Thi Tu T, stated:
According to the lawsuit of Ms. Ho Le Kim A, it is incorrect because Company C has reviewed all the documents from the time the employee started working until she quit her job, and has done so in accordance with the provisions of the Labor Code and the Law on Social Insurance as follows: Ms. Ho Le Kim A started working on August 1, 2013, signed a contract with a term from September 1, 2013 to September 1, 2014, and quit her job on January 15, 2015. Participated in social insurance from September 2013 and reduced her social insurance contributions from February 2015. Company C based on Ms. A's voluntary job application, certified by a state agency, as a basis for signing a labor contract and participating in social insurance in accordance with the law. Request the Court to consider and protect the legitimate rights and interests of Company C.
In document No. 679/CV-BHXH dated October 18, 2024, City B Social Insurance stated:
Limited Liability Company C pays social insurance, health insurance, unemployment insurance, occupational accident and disease insurance for Ms. Ho Le Kim A, born on May 2, 1995, ID number 371763050, social insurance code 7413237784 and the process is as follows:
– From September 2013 to December 2013, workers with salary of 2,940,000 VND.
– From 019/2014 to 02/2014, workers with salary of 3,290,000 VND.
– From March 2014 to December 2014, workers with salary of 3,290,000 VND.
– From January 2015 to January 2015, workers with salary of 3,790,000 VND.
The above process of Ms. Ho Le Kim A has been closed by the Social Insurance of province B but she has not yet enjoyed the one-time social insurance subsidy and unemployment insurance.
In the Self-Declaration, the person with related rights and obligations, Ms. Huynh Thi Chuc L, stated:
Because she was not old enough to work, she borrowed the file of the plaintiff, Ms. Ho Le Kim A - her aunt, to meet the conditions for participating in labor. When participating in labor at Limited Liability Company C, she and the Company signed a labor contract and Limited Liability Company C also paid insurance for her during the period from September 2013 to January 2015 under the social insurance number: 7413237784. However, she currently does not keep any documents regarding her participation in the labor contract with Limited Liability Company C. She now agrees with the plaintiff's request to file a lawsuit because in fact the plaintiff did not participate in labor at Limited Liability Company C and did not participate in social insurance during the period from September 2013 to January 2015 under the social insurance number: 7413237784.
At the trial, the representative of the People's Procuracy of Ben Cat city, Binh Duong province expressed his opinion:
Regarding the proceedings: The case was accepted in accordance with the provisions of the law. During the process of resolving the case, the Judge, the Trial Panel, the Court Secretary, and the parties complied with the provisions of the procedural law.
Regarding the content: Based on the documents and evidence in the case file, the Trial Panel is requested to accept the plaintiff's request to initiate a lawsuit.
JUDGMENT OF THE COURT
After studying the documents and evidence in the case file that were considered at the trial, the Trial Panel determined:
[1] Regarding the proceedings: 1.2 Regarding the absence of the parties: Plaintiff; defendant; person with related rights and obligations who requests to resolve the case in absentia. Pursuant to Clause 1, Article 227; Clause 1, Article 228 of the 2015 Civil Procedure Code, the Trial Panel will still conduct the trial in absentia of the above parties.
1.3 Regarding legal relations: According to Notice of acceptance of case No. 54/TB-TLVA dated October 3, 2024, defining the labor relationship as "Dispute over Labor Contract" is incorrect. Now, the Trial Panel re-determines the legal relations of the case as: "Dispute over the request to declare the labor contract invalid".
[2] Regarding the content of the case:
[2.1] The social insurance participation process of employee Ho Le Kim A is as follows:
Social insurance code 413237784 from September 2013 to January 2015 at C. Limited Liability Company.
Social insurance number 8013038846 from December 2013 to November 2016 at Company L1.
[2.2] Based on social insurance data, there is a basis to determine that the plaintiff and the employee named Ho Le Kim A, born in 1995, citizen identification number 091195009035, with a history of participating in social insurance as in section [2.1] are the same person. During the litigation process, the plaintiff admitted that from December 2013 to November 2016, the plaintiff worked at Company L1 and participated in social insurance with the social insurance code 8013038846; At the same time, the plaintiff also admitted that the plaintiff did not sign a labor contract and did not work at Limited Liability Company C, but the plaintiff lent her ID card and information to her niece, Ms. Huynh Thi Chuc L, to sign a labor contract with Limited Liability Company C. Ms. L agreed with the plaintiff's statement and determined that, because she was not of working age, she borrowed the plaintiff's ID card and labor records to sign a labor contract with Limited Liability Company C and participate in social insurance in B (now the city) Ben Cat with the social insurance code 413237784. Thus, there is sufficient basis to determine that during the period from December 2013 to November 2016, the plaintiff worked at Company L1, not at Limited Liability Company C. Ms. L's use of the plaintiff's ID card and information to sign a labor contract with Limited Liability Company C is an act of criminal liability in terms of The subject when establishing a civil transaction, violated the principles of voluntariness, equality, cooperation, respect for each other's legitimate rights and interests when establishing a labor relationship as prescribed in Article 9 of the 1994 Labor Code. Therefore, the Plaintiff's request to declare the labor contract between Ms. Ho Le Kim A and Company Limited C invalid, to adjust the name of Ho Le Kim A, born in 1995, ID card number 371763050 on the Social Insurance book code 7413237784 to the name of Huynh Thi Chuc L, born in 1996; ID card number: 091196008615 of the social insurance payment process from September 2023 to January 2015 is based on the provisions of Article 127, Article 132 of the 2005 Civil Code, so the Trial Panel accepts. The Plaintiff only requests to declare the labor contract invalid, and does not request to resolve the consequences of the invalid contract. The Defendant and the person with related rights and obligations have no requests in the case. This is the right to decide and self-determination of the parties as prescribed in Article 5 of the Civil Procedure Code, therefore the Court does not consider resolving the consequences of the invalid contract. After the Court's Judgment takes legal effect, the employee has the right to contact the Social Insurance agency to resolve social insurance regimes as prescribed.
[3] The opinion of the representative of the Procuracy at the trial is appropriate and should be accepted.
[4] First instance labor court fees: The Plaintiff voluntarily bears all court fees.
For the above reasons,
DECISION
Pursuant to Articles 5, 32, 35, 39, 147, 228, 229, 271 and Article 273 of the Civil Procedure Code;
Pursuant to Articles 127 and 132 of the 2005 Civil Code;
Pursuant to Article 9 of the 1994 Labor Code; Articles 50 and 190 of the 2019 Labor Code;
Pursuant to Article 26 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly regulating court fees and charges.
1. Accept the plaintiff's request to initiate a lawsuit, Ms. Ho Le Kim A, regarding the "Dispute over the request to declare the labor contract invalid".
- Declare Labor Contract No. 009771, dated January 9, 2013 and Labor Contract No. 009771, dated September 1, 2014 signed between Ms. Ho Le Kim A and Limited Liability Company C, as invalid.
– Adjust the name Ho Le Kim A, born in 1995, ID card number 371763050 on the Social Insurance book code 7413237784 to the name Huynh Thi Chuc L, born in 1996; ID card number: 091196008615 of the social insurance payment process from September 2023 to January 2015.
Ms. Ho Le Kim A and Ms. Huynh Thi Chuc L have the right to contact the Social Insurance Agency of City B, Binh Duong Province to adjust and change the information on the insurance book according to the decision of this Judgment.
2. First instance labor court fees: Ms. Ho Le Kim A must pay 300,000 (three hundred thousand) VND in first instance court fees.
3. Regarding the right to appeal: The absent parties have the right to appeal the judgment within 15 (fifteen) days from the date of receipt of the Judgment or the Judgment is posted according to the provisions of the Civil Procedure Code.
In case the judgment is enforced according to the provisions of Article 2 of the Law on Civil Judgment Enforcement, the person entitled to civil judgment enforcement and the person subject to civil judgment enforcement have the right to agree on judgment enforcement, the right to request judgment enforcement, voluntarily enforce the judgment or be forced to enforce the judgment according to the provisions of Articles 6, 7, 7a and 9 of the Law on Civil Judgment Enforcement; the statute of limitations for judgment enforcement is implemented according to the provisions of Article 30 of the Law on Civil Judgment Enforcement.
