Counterfeit Documents: A Web of Devastating Consequences

Deception Unraveled

Ms. N.T.M.Q, a former employee of a company in Binh Duong province, sued her ex-employer, demanding compensation of over VND 284 million for allegedly terminating her fixed-term labor contract unilaterally and unlawfully. However, in court, Ms. Q.’s scheme to defraud the company and social insurance benefits was exposed.

Pulling the Wool Over Eyes

According to Ms. Q.’s account, she had signed a one-year fixed-term labor contract with the company in January 2021. When the contract expired, she continued working without a new contract.

On April 7, 2022, the company unexpectedly issued a decision to terminate her labor contract, effective from April 8, 2022, based on her resignation letter. Ms. Q. claimed that she had never submitted such a letter and, therefore, deemed the company’s decision unlawful. As a result, she filed a lawsuit, requesting the court to annul the termination decision and compel the company to provide compensation.

In contrast, the company representative asserted that they did not unilaterally terminate the labor contract but, instead, Ms. Q. had voluntarily resigned. More strikingly, the decision to terminate the labor contract was not issued by the company but was forged by Ms. Q. herself.

Ms. N.T.P, the company’s HR staff, confessed that after Ms. Q. left the company, she had received messages from Ms. Q. via Zalo, requesting a fake termination decision, complete with the director’s signature and the company’s seal, to claim social insurance benefits. Nearly a year after receiving the forged termination decision, Ms. Q. applied for a lump-sum social insurance payout and demanded compensation of over VND 273 million from the company, which was denied.

To verify Ms. P.’s statements and the Zalo messages (for which the company had obtained a private deed), the court requested a face-to-face confrontation between Ms. Q. and Ms. P. However, Ms. Q. submitted a request to forgo the confrontation and proceed directly to the trial.

Based on the evidence and case materials, the court concluded that the termination decision was not issued by the company but was, in fact, fabricated by Ms. Q. As the company did not unilaterally terminate the labor contract unlawfully, they were not obliged to provide compensation to Ms. Q.

The court also emphasized that Ms. Q.’s actions were not aboveboard and bore criminal implications for forging organizational documents and insurance fraud. Fortunately for Ms. Q., the company’s representative did not request criminal prosecution during the trial, so the court refrained from making such a recommendation to the police.

Consequences Unfold

When Mr. N.H.D, the chief accountant, was found engaging in dubious activities for personal gain, TNHH T.L Company (in District 3, Ho Chi Minh City) decided to let him go.

Previously, Mr. D. had signed a one-year fixed-term labor contract with the company but resigned after approximately six months for personal reasons. Four months later, he reapplied and was rehired. At that time, they orally agreed that Mr. D. would undergo a two-month probationary period, during which he would organize the accounting books, documents, and records and provide professional guidance to the accounting staff. If his performance met expectations, the company would offer him a labor contract; otherwise, they could terminate his employment at any time.

However, after just one month, the company discovered that Mr. D. was not fulfilling his agreed-upon duties and had independently registered for social insurance, health insurance, and unemployment insurance without the director’s consent. As a result, the company decided to end his probationary period. Consequently, Mr. D. sued the company, demanding compensation of VND 842 million.

According to Mr. D., they had signed a one-year fixed-term labor contract, but the company had not provided him with a copy. He argued that the company’s unilateral termination of the contract without prior notice was a violation of the law.

The court rejected his claim because the company denied the existence of such a contract, and Mr. D. could not produce a copy of it. Additionally, the social insurance agency explained that they only maintained digital records and did not keep hard copies of labor contracts. Thus, the court determined that Mr. D. was still in his probationary period, and the company’s decision to terminate his employment was justified and followed the proper procedures.

A similar case involved Mr. Đ.D.P, who worked for TNHH H.T Company in Ca Mau province. In 2022, Mr. P. submitted a fake “Certificate of Elementary Level, Operating Construction Machinery” to secure a job as a road roller operator, which he had purchased for VND 2.5 million without undergoing the necessary training and examination.

In May 2023, Mr. P.’s negligence while operating the road roller resulted in an accident that tragically claimed the life of a worker. He was subsequently charged and convicted under criminal law. The People’s Court of Ca Mau Province emphasized that Mr. P. had not only violated the Law on Occupational Safety and Hygiene but had also used fake documents to secure his employment. For these reasons, he was sentenced to two years in prison.