When wages are not fully or timely paid, or in cases of mistreatment or sexual harassment..., the employee has the right to unilaterally terminate the contract.
Section 1 of Article 37 of the Labor Code 2012 stipulates that employees working under fixed-term labor contracts, seasonal labor contracts, or specific labor contracts with a term of less than 12 months have the right to unilaterally terminate the labor contract before the expiration in the following cases:
Not being assigned to the correct job, workplace, or not ensured the working conditions as agreed in the labor contract;
Not being paid in full or on time as agreed in the labor contract;
Being mistreated, sexually harassed, or subjected to forced labor;
Having personal or family difficulties that prevent the continuation of the labor contract;
Being elected to hold a specialized duty in a representative body or appointed to hold a position in the state apparatus;
Female employees are pregnant and must take leave as prescribed by a competent medical facility;
Employees who fall ill, have accidents, and have been treated for 90 consecutive days for those working under fixed-term labor contracts and one-fourth of the contract term for those working under seasonal labor contracts or specific labor contracts with a term of less than 12 months but whose working capacity has not yet been restored.
When unilaterally terminating the labor contract, the employee must notify the employer in advance:
- At least 3 working days for cases 1, 2, 3, and 7 under Section 1 of this Article;
- At least 30 days if it is a fixed-term labor contract; at least 3 working days if it is a seasonal labor contract or a specific labor contract with a term of less than 12 months for cases 4 and 5 under Section 1 of this Article;
- For case 7 under Section 1 of this Article, the notice period to the employer shall be implemented in accordance with the time limit regulated in Article 156 of this Code.
If the employee works under an indefinite-term labor contract, they still have the right to unilaterally terminate the labor contract but must notify the employer at least 45 days in advance, except in cases stipulated in Article 156 of this Code (A pregnant female employee, if having certification from a competent medical facility that continuing to work will adversely affect the fetus, has the right to unilaterally terminate the labor contract or temporarily suspend the labor contract. The notice period to the employer depends on the time specified by the competent medical facility).
According to Vnexpress
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