Can employer fires employees for not completing work in Vietnam?

During the working process, both employer and employee may face difficulties. If they can not solve their issues, the consequences would harm the business. For employees, in some cases, they can not complete their work and slow down the business’s operation. As a result, the employees have to take responsibility for their mistakes. In this article, LSX legal firm will answer: “Can employer fires employees for not completing work in Vietnam?”

Legal ground

• Labor Code 2019

Not completing the assigned work?

Pursuant to Point a, Clause 1, Article 36 of the Labor Code 2019:
“The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The employer shall establish the criteria for assessment of employees’ fulfillment of duties with consideration taken of opinions offered by the representative organization of employees (if any)”
Accordingly, there is no specific definition of not completing the assigned work, the assessment of whether an employee completes the job or not must be based on the criteria for assessing the level of job completion in the regulations set by the enterprise.
Also, the employer establishes the regulation on assessing the level of work completion, but still necessary to consult the representative organization of employees at the establishment (in case the enterprise has such representative organization of employees).
In case an enterprise sets its own regulations on assessing the level of job completion without consulting the representative organization of employees, it will violate the regulation. Then, the employer has to pay a fine from 5 to 10 million VND (according to point c, clause 3, Article 12 of Decree 12/2022/ND-CP).

Can employer fires employees for not completing work in Vietnam?

Article 125 of the Labor Code stipulates the cases in which the employee gets dismissal, including:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries, or uses drugs at the workplace;
2. The employee discloses technological or business secrets or infringes the intellectual property rights of the employer, or commits acts that are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;
3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.
4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
   Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

So, the case of failure to complete the assigned work does not belong to the cases of dismissal.
However, if the labor regulations stipulate that failure to complete the assigned work violates the rules, the employee may face disciplined in other forms such as reprimand, prolonging the time limit for salary increase, or deprived.
In particular, if the employee regularly fails to complete the assigned work, the employee may be unilaterally terminated by the enterprise.
This content is recorded in Clause 1, Article 36 of the Labor Code 2019 as follows:

Article 36. The right of an employer to unilaterally terminates the employment contract

An employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:

a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any);

If unilaterally terminating the contract with the employee for this reason, the employer has to give advance notice with the following time limit:

• Firstly, at least 45 days: For employees working under an indefinite term contract.
• Secondly, at least 30 days: For employees working under labor contracts from 12 months to 36 months.
• Thirdly, at least 03 working days: For employees working under labor contracts of less than 12 months.

Employees fired under what circumstances?

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

• Firstly, the employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries, or uses drugs at the workplace; 
• Secondly, the employee discloses technological or business secrets or infringes the intellectual property rights of the employer, or commits acts that seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;
• Thirdly, the employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation disciplined and repeated before getting absolved in accordance with Article 126 of the Labor Code.
• Fourthly, the employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
• Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

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After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

Finally, hope this article is useful for you to answer the question about “Can employer fires employees for not completing work in Vietnam?”. If you need any further information, please contact  LSX Law firm: +84846175333 or Email: [email protected]

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