The unilateral termination of an employee’s labor contract and some matters need to note

The labor relationship between the employee and the employer is established and recorded through the labor contract. Based on the basic principle of The Vietnam Civil Code 2015, the labor contract is established by the parties based on freedom, voluntary, engagement, agreement. In the case that the employee wants to terminate working for the employer ahead of time, besides the legal cases agreed by the two parties, The Vietnam Labor Code 2019 compared to The Vietnam Labor Code 2012 has many progressive and beneficial regulations for the employee when they terminate unilaterally the labor contract.

According to Clause 1, Article 35, The Vietnam Labor Code 2019, in principle, when an employee interminates unilaterally the labor contract, the employee has to notify the employer in advance for a reasonable period of time and in accordance with the law. The law is as follows:

“a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;

d) The notice period in certain fields and jobs shall be specified by the government.”

And according to the regulation in Clause 2, Article 7, Decree 145/2020/NĐ-CP:

“2. When an employee mentioned in Clause 1 of this Article or his/her employer unilaterally terminates the employment contract, a prior notice shall be provided:

a) At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;

b) At least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.”’

However, compared to The Vietnam Labor Code 2012, The Vietnam Labor Code 2019 has many progressive regulations and guarantees more benefits for the employee in case the employee has the right to terminate unilaterally without notifying the employer. According to Clause 2, Article 35, The Vietnam Labor Code 2019, the employee has the right to terminate unilaterally the Labor contract without prior notification in cases:

“a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

d) is sexually harassed in the workplace;

đ) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.”

As such, the employee needs to note that The Vietnam Labor Code 2019 allowed the employee to terminate unilaterally without reason, the employee has to comply with the provisions on the notice period. In some cases, the employee has the right to unilaterally terminate the labor contract without prior notice.

That is some matter for the employee when the employee terminates unilaterally the labor contract. If you need help in legal about concerning matters, please contact LS Law Firm through Email: lslawfirm2014@gmail.com to get counseling and help from our Lawyer.

Note: This article is for reference only, all copies and use of the article as private evidence in any case or matter without LS Law Firm’s consent are not allowed./.