WHAT IS THE SALARY LEVEL FOR CALCULATING COMPENSATION WHEN UNILATERALLY TERMINATING THE LABOR CONTRACT UNLAWFULLY? (REPUTABLE LAW FIRM IN HO CHI MINH CITY)
“In cases where the employee and the employer cannot agree on the salary the employee is entitled to, the Court shall base the compensation on the salary level that the employer has paid social insurance for the employee if the employer unilaterally terminates the contract illegally.” However, this is only a draft and has not yet been used as official case law, so it is for reference purposes only and has not been officially applied in litigation.