I. Types of debts often arise in the labor sector
In the labor sector, the debts that may arise for employees include:
- Unpaid salaries;
- Debts of social insurance, unemployment insurance, job-loss allowance, and other benefits and allowances after the termination of the labor contract, …
On the employers’ side, the debts may arise in the following cases:
- The employees cause damage to the company and they are responsible for compensating for the damage;
- The employees are obliged to refund the training costs because they do not fulfill their commitment to work for the employer after being trained.
II. Who are TNTP’s Clients in collecting debts in the labor sector?
For debt collection in the labor sector, TNTP’s Clients include the following subjects:
- Employees;
- Employers; or
- The third-party has related rights and obligations.
III. What do Clients need to prepare before working with TNTP?
Clients wishing to collect debts in the labor sector need to prepare the following information and documents before working with TNTP:
- Labor contract;
- Documents related to labor relations such as Payroll, bank statements of salary payments, social insurance books, …;
- Documents proving the debt needed to be collected such as Agreement/Decision on termination of labor contract; Minutes of the meeting to take disciplinary action against the employee causing damage to the company; Official letter requesting the employee to compensate for damage, …
- Other relevant documents (if any).
IV. How does TNTP receive and process information?
When Clients contact TNTP, TNTP’s Lawyers will receive and process information as follows:
- Step 1: Based on the information, documents provided by Clients as well as discussions with Clients, Lawyers of TNTP will research the case and give some initial consultation.
- Step 2: Then, TNTP will send a Quotation attached to a detailed implementation Plan to Clients so that Clients can consider signing Legal Service Agreement with TNTP.
- Step 3: In case Clients agree with the Quotation, TNTP will send a Legal Service Agreement to Clients. The Parties will sign Agreement and Clients will pay legal services fee to TNTP (if any).
Kindly be noted that the legal service fees of TNTP are exclusive of Value Added Tax, court fees, arbitration fees, fees according to state regulations, travel expenses for lawyers, translation, photocopying, notarization, and authentication fees, long-distance telephone, postage charges, and other reasonably incurred expenses. In case the above-mentioned expenses are incurred, TNTP will propose opinions to Clients and TNTP will only perform the work if Clients agree to pay reasonably incurred expenses.
After signing the Agreement and receive service fees (in case there is a fixed service fee), TNTP will perform works according to the Quotation and the implementation Plan that Clients has agreed.
V. Works that TNTP will implement when providing legal service over debt collection
Normally, works that TNTP will implement when collecting debts include:
- Searching for information about the debtor: name, tax code, legal representative, actual operation address, operation, and business status, …
- Contact the debtor directly or by phone, messages, e-mails to request the debtor to pay the Debt for the Client.
- Send a Letter of Demand (LOD) to the debtor to request the debtor to pay the Debt for the Client.
- Representing the Client to attend meetings with the debtor to agree on the payment schedule and the settlement plan of the debt.
- Searching for legal violations of the debtor and sending a Denunciation to the competent authority about violations in case the debtor evades, does not pay the Debt to the Client.
- Proceed to initiate a lawsuit to collect the Debt in case TNTP considers that the lawsuit is feasible and the Client agrees with the lawsuit plan.
VI. TNTP’s commitment to legal service
With the attitude of protecting the legal rights and interests of the Client, TNTP has been and will try to bring Clients trust and comfort when using TNTP’s legal services.
Throughout the process of providing legal services, TNTP commits to support Clients and perform the work in the fastest, most timely and effective way, regularly report the progress of the case as well as give the next plan so that Clients can easily monitor and evaluate the work results.