How long in advance should a business director in Vietnam want to resign?
“Hello, Lawyer, how many days in advance must the director of the enterprise want to resign? Without consulting anyone, my brother also wants to quit his job before being laid off advise me. I would like to sincerely thank the Lawyer.”. Thank you for your questions. To answer this question, today, LSX Lawfirm will give you an article about “How long in advance should a business director in Vietnam want to resign?“, as follows:
How many days in advance do I have to give the notice to quit?
Currently, in Clause 2, Article 36 of the Labor Code 2019 (effective January 1, 2021): When unilaterally terminating a labor contract in the case specified at Points a, b, c, dd, and g, Clause 1 of this Article, the employer must notify the employee in advance as follows:
– Firstly, At least 45 days for indefinite-term labor contracts;
– Secondly, At least 30 days for definite-term labor contracts with a term from 12 months to 36 months;
– Thirdly, At least 3 working days for a definite-term labor contract with a term of fewer than 12 months and for the case specified at Point b, Clause 1 of this Article;
Thus, the provisions on the notice period when an employee unilaterally terminates an indefinite term labor contract in the Labor Code 2012 and the Labor Code 2019 are both “at least 45 days”.
How long in advance should the director of an enterprise want to resign?
Pursuant to Article 7 of Decree No. 145/2020/ND-CP on specific industries, trades, and jobs and notice period before unilaterally terminating the labor contract specified at Point d Clause 1 Article 35 and Point d Clause 2 Article 36 of the Labor Code as follows:
- Specific industries, trades, and jobs include:
a) Aircraft pilot crew members; aircraft maintenance technicians, aviation repair technicians; flight dispatchers and operators;
b) The person who manages the enterprise in accordance with the Law on Enterprises; Law on management and use of state capital invested in production and business in enterprises;
c) Crew members of the crew working aboard Vietnamese ships operating overseas; seafarers who leased by Vietnamese enterprises to work on foreign ships;
d) Other cases prescribed by law.
In addition
- When an employee does the industry, trade, or job specified in Clause 1 of this Article, unilaterally terminates the labor contract or the employer unilaterally terminates the labor contract for these employees, The notice period is as follows:
a) At least 120 days for an indefinite term labor contract or a definite term labor contract of 12 months or more;
b) At least one-quarter of the term of the labor contract, for labor contracts with a term of fewer than 12 months.
Under what circumstances can an employee unilaterally terminate a labor contract without prior notice?
Pursuant to Clause 2, Article 35 of the Labor Code 2019, an employee has the right to unilaterally terminate a labor contract without prior notice in the following cases:
a) Failing to arranged according to the right job, working location or not guaranteed the agreed working conditions, except for the case specified in Article 29 of this Code;
b) The salary not paid in full or the salary not paid on time, except for the case specified in Clause 4, Article 97 of this Code;
c) Being abused, beaten by the employer or having insulting words, acts, or acts affecting health, dignity, and honor; forced labor;
d) sexually harassed at work;
đ) Pregnant female employees must take leave as prescribed in Clause 1, Article 138 of this Code;
e) 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.
Accordingly, if you fall into the above cases, when unilaterally terminating the labor contract, you do not need to notify the employer in advance.
Cases of personal leave with full salary
According to the provisions of Clause 1, Article 115 of the current Labor Code; There are 03 cases where employees who leave their jobs entitled to full salary, specifically:
Married: 3 days off;
Natural and adopted children get marry: take 01 day off;
Natural father, natural mother, adoptive father, adoptive mother; natural father, natural mother, adoptive father, adoptive mother of a spouse; wife or husband; Death of natural or adopted children: 3 days off.
In these cases; Employees only need to notify the employer to know and arrange suitable human resources.
Cases of personal leave without pay
Also in Article 115 of the Labor Code 2019; The employee entitled to 01 days of unpaid leave and must notify the employer when:
Grandfather/grandparent, grandparent, brother/sister died;
Parents get married;
Married siblings.
Besides; for another reason; the employee may agree with the employer to take unpaid leave; For example Sick parent, or illness;…
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Related questions
The number of annual leave days of employees is from 12 to 16 days depending on working conditions and working subjects.
– The number of days off according to seniority is determined as follows: For every 5 years working for an employer, it will be increased by 01 days.
In this section you need to specify the first and last name of the person to whom the application is to be written; What is the position you hold, and where are you working? The main working address is the business name; The company unit is using labor.
The resignation letter is the notice of the employee sent to the employer when the employee wants to terminate the labor relationship with the employer, the resignation letter is the first step in the process of terminating the labor contract. is the basis for completing the termination procedures in accordance with the provisions of the labor law.
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