55-year-old Tai Thi Vinh, a certified midwife, worked at the Ward 8 Health Station in Ca Mau City (now Ly Van Lam Ward, Ca Mau Province) from May 1993. Her 31 years and 8 months of continuous service and social security contributions made her eligible for a severance package under Decree 29/2023/ND-CP. At a meeting on 4/4/2024 regarding staff downsizing, Vinh expressed her willingness to retire under this policy.

Four months later, the former Ca Mau City Medical Center (now the Ca Mau Regional Medical Center) presented her with a resignation form under Decree 29, which she declined to sign. On 10/12/2024, the director of the Ca Mau City Medical Center issued Decision 122, terminating Vinh's employment without the downsizing policy benefits. She received a severance payment of over 79 million VND.

Vinh contends that Decision 122 wrongfully terminated her employment, depriving her of the larger severance package stipulated in Decree 29. Having dedicated nearly 32 years to local healthcare, Vinh, a certified midwife, didn't meet current civil servant qualifications and opted to retire under the downsizing initiative. She believes her oversight during the administrative process, coupled with a lack of clear explanation, resulted in a 79 million VND severance payment instead of the over 400 million VND she believes she was due under Decree 29, a loss of over 300 million VND.

After unsuccessful appeals, Vinh filed a lawsuit demanding the health center revoke Decision 122 and facilitate her retirement under clauses a and b, section 1, Article 7 of Decree 29. "Throughout my career, I've been dedicated and have never faced disciplinary action. I was shocked by the termination decision," Vinh stated in her lawsuit, asserting her eligibility for the downsizing policy benefits.

Tai Thi Vinh, the midwife suing the Ca Mau City Medical Center. Photo: An Minh

Tai Thi Vinh, the midwife suing the Ca Mau City Medical Center. Photo: An Minh

'Plaintiff declined her benefits'

At the Ca Mau Province Court hearing on 26/8, Huynh Be Thao (Director of the Ca Mau Regional Medical Center, representing the defendant), referred to the minutes from 16/8/2024, where Vinh expressed her "desire to continue working until retirement age, or if not possible, to retire under current regulations of the Civil Servants Law".

According to the defendant, the government policy was Vinh's entitlement, but she declined it as documented. While other employees submitted applications for retirement under the policy, Vinh didn't. She only sought reinstatement after seeing the higher severance payments received by her colleagues.

Thao claimed that Vinh's request for reinstatement seriously damaged his reputation and that of the Ca Mau Regional Medical Center's leadership.

Lawyer Du Dinh Viet (representing Vinh) argued that Vinh initially expressed her intention to retire under the government policy, as recorded in the minutes from 4/4/2024. Her failure to submit a formal application stemmed from a lack of understanding. The phrase "immediate resignation" in the application form made her apprehensive, leading her to believe it would be disadvantageous.

"Had the downsizing policy been explained clearly, and had she known that immediate resignation would result in a severance payment of over 400 million VND, she would have signed. She wouldn't have chosen the standard retirement option with a payment of just over 79 million VND," Viet stated, asserting that "no one would refuse a larger sum" if aware of the beneficial policy provisions.

Viet further argued that the health center's unilateral termination of Vinh's employment under Decree 115/2020 dated 25/9/2020 violated legal regulations. In the dialogue with the complainant, the health center cited point b, section 1, Articles 57 and 58 of Decree 115 as justification for Decision 122. However, Vinh didn't fall under any of the three categories for unilateral termination.

"Since Vinh's case doesn't fit the criteria for termination under point b, section 1, Article 57 of Decree 115, the health center's application of Article 58 of the same decree for severance payment is incorrect," Viet analyzed.

The plaintiff also claimed that the health center failed to disseminate Decree 115 to Vinh, provide any record of misconduct, or issue any disciplinary decision. The center also didn't consult with the grassroots trade union before, during, or after terminating Vinh's employment, nor did they provide her with the required 45-day written notice, further violating regulations.

'Push and pull' over potential withdrawal of the lawsuit

At the 26/8 hearing, People's Assessor Nguyen Hoang Kha suggested a resolution: Vinh had procedural oversights, leading to the defendant's actions. Whether Vinh retired under standard procedures or the downsizing policy, the outcome wouldn't affect the health center.

Therefore, the People's Assessor suggested Vinh withdraw the lawsuit, submit an "apology letter" to the health center, and request "reconsideration" for the downsizing policy benefits.

The director of the Ca Mau Regional Medical Center agreed with this proposal.

As Vinh was absent, Viet requested an adjournment to consult with her, which the court granted.

However, Vinh subsequently demanded a written commitment from the defendant, guaranteeing that upon withdrawal of the lawsuit, the health center would submit the case to the Department of Health for review. Furthermore, Vinh agreed to admit "oversights" but refused the defendant's demand for an admission of "shortcomings".

The trial will resume on 15/9.

An Minh