Many people, who have just applied for a job at a company for a few weeks and have not signed a labor contract but want to quit because they find the job not suitable for them. However, they do not know if this act violates the law or not. So, in this article, LSX legal firm will answer the question: “Can you quit your job if you have not signed a contract in Vietnam?”
Legal ground
- Labor Code 2019
Labor contract under Vietnamese legislation
Article 13 of the Labor Code 2019 provides the concept of a labor contract as follows:
“Article 13. Employment contract
- An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations. A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management, and supervision of a party.
- Before recruiting an employee, the employer shall enter into an employment contract with such employee.”
Forms of labor contract
Forms of employment contract according to the law:
- The parties shall conclude an employment contract in writing and make two copies. The employee will keep one copy, and the other by the employer, except for the case specified in Clause 2 of Article 14 of the Labor Code 2019.
An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.
- Both parties may conclude an oral contract with a term of less than a month, except for the cases specified in Clause 2 Article 18, Point a Clause 1 Article 145, and Clause 1 Article 162 of the Labor Code.
Principles for conclusion of an employment contract
- Voluntariness, equality, good faith, cooperation and honesty.
- Freedom to enter into an employment contract which is not contrary to the law, the collective bargaining agreement and social ethics.
Can you quit your job if you have not signed a labor contract?
The provision of the Labor Code 2019 defines labor relations as a social relation that arises in respect of the employment and salary payment between an employee and an employer, their representative organizations, and competent authorities. Labor relations include individual labor relations and collective labor relations.
Thus, an employment relationship exists between you and the company: you as the employee and the company as the employer.
Besides, as mentioned above:
- “The parties shall conclude an employment contract in writing and make two copies. The employee will keep one copy, and the other by the employer, except for the case specified in Clause 2 of Article 14 of the Labor Code 2019.
An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.
- Both parties may conclude an oral contract with a term of less than a month, except for the cases specified in Clause 2 Article 18, Point a Clause 1 Article 145, and Clause 1 Article 162 of the Labor Code.”
Accordingly, the form of a contract must be in writing, except for some special cases. So, it is wrong for the company not to enter into a contract with you, but you and the company are still having an employment relationship at the moment. Therefore, your resignation must still comply with the company’s rules, along with that the company must also fulfill its obligations to you, including the obligation to participate in social insurance.
Cases of contract termination for employee
Termination of contract without prior notice
According to the Labor Code 2019, Clause 2, Article 35, the employee has the right to unilaterally terminate the contract without prior notice.
Particularly, the employee may unilaterally terminate the contract without prior notice in the following cases:
- Firstly, 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 the Labor Code 2019.
- Secondly, not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of the Labor Code 2019.
- Thirdly, maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity, or honor; forced to work against his/her will.
- Fourthly, sexually harassed in the workplace.
- Fifthly, pregnant and has to stop working in accordance with Clause 1 Article 138 of the Labor Code 2019.
- Also, reaches the retirement age specified in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties.
- Lastly, finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of the Labor Code 2019 in a manner that affects the performance of the employment contract.
Termination of contract without reason
Clause 1, Article 35 of the Labor Code 2019 clearly states that the employee has the right to unilaterally terminate the contract but must notify the employer in advance:
- Firstly, at least 45 days in case of an indefinite-term employment contract;
- Secondly, at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
- Lastly, at least 03 working days in case of an employment contract with a fixed term of under 12 months;
- Particularly for a number of specific industries, trades, and jobs, the time limit for advance notice shall comply with the Government’s regulations.
From this provision, you can understand that, in all cases, with all types of contracts (with definite terms or indefinite terms), regardless of whether or not having a reason, the employee, if he or she wishes, may unilaterally terminate the labor contract without the need to conduct a special procedure meant to control rights from another entity.
The law only provides an opportunity for the employer to object to the employee’s decision by making him or her suffer certain consequences when it successfully proves before the court that the employee has unilaterally terminated the labor contract in an unlawful manner.
What to do when the company does not agree to leave and not pay salary?
In case the company has not entered into a contract but also does not agree for you to terminate and trying to make it difficult for you. You should file a complaint with the company to ask the director of the company to resolve it. If the company failed to resolve, then you can file a complaint to the Department of Labor, Invalids, and Social Affairs or file a lawsuit in the Court where the company locates to protect your own interests.
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.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
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.
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Related questions
The employee is:
– Suffering from an illness or work accident, occupational disease and is being treated or nursed under the decision of a competent health institution, except for the cases stipulated in Point b Clause 1 Article 36 of the Labor Code.
– On annual leave, personal leave, or any other types of leave permitted by the employer.
– Pregnant, on maternal leave or raising a child under 12 months of age.
Either party may withdraw the unilateral termination of an employment contract at any time prior to the expiry of the notice period by a written notification, provided that the withdrawal is agreed by the other party.
The unilateral termination of an employment contract will be illegal if it does not comply with regulations of Article 35, 36 and 37 of the Labor Code.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Can you quit your job if you have not signed a contract in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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