Employee’s right to unilaterally terminate the labor contract in accordance with Vietnamese law
Today, LSX Lawfirm will give you an article about: “Employee’s right to unilaterally terminate the labor contract in accordance with Vietnamese law”, as follows:
Legal grounds:
Labor Code 2019
Decree 145/2020/ND-CP.
In case the employee unilaterally terminates the labor contract
According to current Vietnamese law, an employee has the right to unilaterally terminate a labor contract without reason. However, for the unilateral termination of the labor contract to be legal, then the employee must ensure that the necessary procedures when unilaterally terminating the contract are to notify the employer in advance.
The above regulation aims to create conditions for employees to exercise their right to freely choose jobs to have better job opportunities. At the same time, helping businesses have time to arrange personnel arrangements or recruitment.
Procedures for unilateral termination the labor contract
As mentioned above, when the employee unilaterally terminates the labor contract, it is necessary to notify the employer a certain amount of time in advance. However, depending on the contract, the time limit is different, specifically:
At least 30 days notice:
Applies to employees working under labor contracts with a term of 12 – 36 months.
Notice at least 03 working days:
Applies to employees working under labor contracts of less than 12 months.
· Without prior notice:
Applies to employees for the following reasons:
– The job arrangement is incorrect, the working location cannot guarantee the working conditions as agreed, except in the case of transferring employees.
– Inadequate or untimely payment of wages to employees.
– Employers who mistreat, beat, or say, insult, act affecting health, dignity, honor: forced labor
– Sexual harassment at work
– Pregnant female employees must take leave from work because their work adversely affects the fetus.
– Full retirement age, unless otherwise agreed.
– The user provides dishonest information related to the work that affects the performance of the contract.
Rights of employees when unilaterally terminating the labor contract in accordance with the law.
Employees have the following rights:
– Receive severance allowance;
– Receive unemployment benefits;
– Confirmation of time to pay social insurance premiums and other documents;
– Salary and related benefits.
Related articles:
Obligations when unilaterally terminating the labor contract
New regulations employees should know in labor contracts from 2021
Related Questions:
An employee who illegally terminates a labor contract unilaterally must compensate the employer as follows:
Half a month’s salary.
The amount corresponding to the salary in the days without notice (if the notice period is violated).
Training costs (if vocational training is provided from the user’s budget).
To reclaim benefits, employees can send a complaint to the company’s leadership or make an application to the Trade Union organization at the grassroots to request support to resolve.
If after the settlement is completed and the employee does not want to return to work at the company, you will receive the allowances specified in Article 41 of the Labor Code 2019.
In the event that benefits are still not properly resolved, you can ask for labor dispute resolution.
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