Hello lawyer, I am currently working at a transportation company. After working for 6 months I found myself no longer suitable for this job. I want to terminate my employment contract with the company. But the labor contract I signed with the company is to work for at least 2 years. I want to ask a lawyer when the employment contract is terminated? Can I unilaterally terminate the employment contract?
Legal grounds
- Labor Code 2019
Consulting content
It can be said that an employment contract is a document that agrees on the rights and obligations of the contracting parties. The labor contract is terminated when the contract has expired; one party unilaterally terminates the contract… Let’s find out with lawyer X about the following cases of termination of labor contract:
Regulations on labor contracts under current law?
- Labor contracts are signed on the principle of voluntariness and equality; accordance with the provisions of the labor law.
- Labor contracts include the following types: labor contracts with indefinite term; definite term labor contract from full 12 months to 36 months; seasonal, seasonal or job-specific labor contracts with a term of less than 12 months.
- The labor contract must have the main contents such as the work to be done, the working time; rest time, salary, working location, contract duration; conditions on occupational safety, occupational hygiene and social insurance for employees.
- The labor contract takes effect from the date of signing; either from the date agreed upon by the two parties or from the date the employee starts working.
During the performance of the labor contract, the contracting parties may agree to amend the content of the labor contract. In case there is a change in one of the main contents of working conditions; then the employee has the right to sign a new labor contract.
- The mode of entering into labor contracts; performance of a labor contract suspending the performance of a labor contract; termination of the labor contract as prescribed by the Labor Code 2019.
Cases of termination of labor contracts according to the provisions of law?
Article 34 of the Labor Code 2019 provides for cases of termination of labor contracts as follows:
“first. The employment contract expires, except for the case specified in Clause 4, Article 177 of this Code.
- The work has been completed according to the labor contract.
- The two parties agree to terminate the labor contract.
- The employee is sentenced to prison but is not entitled to a suspended sentence; or not in the case of being released under the provisions of Clause 5, Article 328 of the Criminal Procedure Code; death penalty or being banned from doing the work specified in the labor contract according to the sentence; The decision of the Court has taken legal effect.
- Foreign employees working in Vietnam are expelled according to the judgments; court decisions that have taken legal effect, decisions of competent state agencies.
- The worker dies; has been declared by the Court to have lost his civil act capacity, is missing or has died.
…
- Employers terminate employees according to the provisions of Articles 42 and 43 of this Code.
- The work permit expires for foreign employees working in Vietnam according to the provisions of Article 156 of this Code.
- In case the probationary content is agreed upon in the labor contract, the probationary period fails to satisfy the requirements; or one party cancels the probationary agreement”.
Thus, in the cases specified in this Article, the labor contract will be terminated.
When does the employee unilaterally terminate the labor contract?
Pursuant to Article 35 of the Labor Code 2019; The employee has the right to unilaterally terminate the labor contract as follows:
The employee unilaterally terminates the labor contract but must notify in advance:
“first. The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:
a) At least 45 days if working under an indefinite term labor contract;
b) At least 30 days if working under a definite-term labor contract with a term from 12 to 36 months;
c) At least 03 working days if working under a definite-term labor contract with a term of less than 12 months;
d) For a number of specific industries, trades and jobs, the time limit for advance notice shall comply with the Government’s regulations.
The employee unilaterally terminates the labor contract without prior notice:
“2. The employee has the right to unilaterally terminate the labor contract without prior notice in the following cases:
a) Not being arranged according to the right job, working location; or failing to ensure the agreed working conditions, except for the case specified in Article 29 of this Code;
b) The salary is not paid in full or the salary is not paid on time; except for the case specified in Clause 4, Article 97 of this Code;
c) Being abused or beaten by the employer; or have insulting words, acts or acts affecting health, dignity and honor; forced labor;
d) Being sexually harassed at work;
e) Pregnant female employees must take leave as prescribed in Clause 1, Article 138 of this Code;
f) Having reached the retirement age as prescribed in Article 169 of this Code; unless otherwise agreed by the parties;
g) The employer provides untruthful information as prescribed in Clause 1, Article 16 of this Code, affecting the performance of the labor contract”.
When does an employer have the right to unilaterally terminate a labor contract?
Pursuant to Article 36 of the Labor Code 2019 provides as follows:
“Article 36. Employer’s right to unilaterally terminate a labor contract
- The employer has the right to unilaterally terminate the labor contract in the following cases:
a) The employee who regularly fails to complete the work according to the labor contract is determined according to the criteria for assessing the level of work completion in the regulations of the employer. Regulations on assessment of job completion are promulgated by the employer, but must consult the employee representative organization at the grassroots level in the case of a representative organization of employees at the grassroots;
b) An employee suffering from an illness or accident has received treatment for 12 consecutive months, for employees working under an indefinite term labor contract, or has received treatment for 6 consecutive months, for employees working under a labor contract; definite-term labor contract with a term from 12 months to 36 months or more than half the term of the labor contract for the employee working under a definite-term labor contract with a term of less than 12 months but the working capacity has not been restored. dress.
…
- When unilaterally terminating the labor contract specified at Points d and e, Clause 1 of this Article, the employer is not required to give advance notice to the employee.”
Thus, the employer in the above cases may unilaterally terminate the labor contract
Related article:
- Procedures for registering a marriage with a foreigner in a foreign country
- Conditions for extension of labor subleasing operation license in Vietnam
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Frequently asked questions
The employee is sick or has an accident or occupational disease who is being treated or nursed under the direction of a competent medical examination and treatment establishment.
The employee is taking annual leave, personal leave and other leave agreed by the employer.
Pregnant female employees; the employee is on maternity leave or raising a child under 12 months old.
Each party has the right to cancel the unilateral termination of the labor contract before the expiration of the notice period but must notify in writing and must be agreed by the other party.
Conclusion: So the above is When is the labor contract terminated as per Vietnam law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
