Employee’s rights when the labor contract is terminated without a valid reason by Vietnamese law
Today, LSX Lawfirm will give you an article about: “Employee’s rights when the labor contract is terminated without a valid reason by Vietnamese law”, as follows:
Legal grounds:
Labor Code 2019
Decree 24/2018/ND-CP
In which cases does the enterprise have the right to unilaterally terminate the labor contract?
According to Vietnamese law, an employer unilaterally terminates a labor contract in 07 cases:
(1) The employee regularly fails to complete the work according to the labor contract determined according to the criteria for assessing the job completion level in the employer’s regulations.
(2) The employee has been treated for an illness or accident within the prescribed time, but his working capacity has not yet recovered.
12 consecutive months: Labor contract with an indefinite term.
06 consecutive months: Labor contract with a term from 12 – 36 months.
Over half of the contract term: Labor contract with a term of fewer than 12 months.
(3) Due to natural disasters, fires, epidemics, enemy sabotage or relocation, business narrowing at the request of state agencies, which have tried all remedies but still have to reduce working places.
(4) The employee is not present at the workplace after 15 days after the expiration of the period of suspension of the performance of the labor contract or after the time agreed by the parties regarding this issue.
(5) The employees reach the prescribed retirement age unless otherwise agreed.
(6) Cause the employee voluntarily quits his job without a valid reason for 05 consecutive working days or more.
(7) Employees provide dishonest information name, date of birth, gender, place of residence, education level, vocational skill level, confirmation of health status, and other related issues that directly affect the recruitment of employees when entering into labor contracts.
In addition, to terminate a legal labor contract, the employer must also ensure the prior notice procedure for the following cases (1), (2), (3), (5), (7) deadlines as follows:
* With a specific job as a member of the flight crew; aircraft maintenance technicians, flight operators, business managers, etc:
– At least 120 days: Labor contract with indefinite term or labor contract with term from 12 months.
– At least ¼ of the contract’s term: Labor contract with a term of less than 12 months.
Meanwhile, in cases (4) and (6), the employer can terminate the labor contract with the employee without prior notice.
Employees’ rights when the contract when terminating without a valid reason
In case the employee voluntarily dismisses the job without falling into one of the above cases or without prior notice. The termination of an employment contract is illegal. Therefore, the employer needs to fulfill the following obligation:
-The employee must return to work under the signed labor contract. In addition, the employer must pay salary, social insurance, and health insurance for the days the employee does not work plus at least 02 months’ salary according to the labor contract.
– If the employee does not want to continue working, then the compensation amount, the employer must pay a severance allowance.
In case the employer does not want to take back the employee and the employee agrees. Then, in addition to the compensation and severance allowance, the two parties agree on an additional compensation, but at least equal to 02 months’ salary according to the labor contract to terminate the labor contract.
-In case there is no longer a position or job that signed in the labor contract. However, the employee still wants to work, in addition to the compensation amount, the two parties should negotiate to amend and supplement the labor contract.
– Or the company dismisses you but violates the notice period, it must compensate the employee an amount corresponding to the employee’s salary in the days without notice.
Related articles:
Employee’s right to unilaterally terminate the labor contract in accordance with Vietnamese law
Employer’s right to unilaterally terminate the labor contract in accordance with Vietnamese law
Related question:
Within 14 days, or no later than 30 days, the employer must pay you in full. If this period is not paid, you can file a complaint with your employer or apply to a Labor Mediator asking for mediation before taking the case to Court to resolve the dispute.
At that time, employees can do one of the following ways to protect their legitimate interests:
– Complaints: The first complaint is to the employer, the second time to the Chief Inspector of the Department of Labor – Invalids and Social Affairs, where the enterprise is headquartered.
– Mediation through Labor Mediators, Labor Arbitration Council
– File a lawsuit directly to the Court
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