Cases in which Employees are Allowed to Unilaterally Terminate the Employment Contract 2019

For employees working under a fixed-term labor contract, seasonal labor contract, or certain work contracts with a term of less than 12 months:

2012 Labor Code stipulates: Employees are entitled to unilaterally terminate the contract before the expiration if they fall into one of the following cases:

1. Not assigned to the agreed job, job location, or not guaranteed the working conditions agreed in the labor contract;

2. Not paid in full or on time as agreed in the labor contract;

3. Subjected to mistreatment, sexual harassment, or forced labor;

4. The employee or their family face difficult situations that prevent the continuation of the labor contract;

5. Elected to perform full-time duties in a representative body or appointed to hold a position in the state apparatus;

6. Female employees are pregnant and must take leave as prescribed by a competent medical facility;

7. Employees are ill, injured, and have received treatment for continuous 90 days for those working under a fixed-term labor contract, and for a quarter of the contract term for those working under a seasonal labor contract or certain work contracts with a term of less than 12 months without labor recovery.

When unilaterally terminating the labor contract, the employee must notify the employer in advance:

- At least 3 working days in cases 1, 2, 3, and 7;- At least 30 days for fixed-term labor contracts; at least 3 working days for seasonal labor contracts or certain work contracts with a term of less than 12 months in cases 4 and 5;- For case 6, the notice period depends on the term prescribed by the competent medical facility.

For employees working under an indefinite-term labor contract:

Employees are entitled to unilaterally terminate the labor contract, but must notify the employer at least 45 days in advance, except in cases where female employees are pregnant and must take leave as prescribed by a competent medical facility.

Legal basis: Article 37 of the 2012 Labor Code

- Le Hai -

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