When can Employees Unilaterally Terminate their Labor Contracts?

Jurist Pham Hang, YouMe Law Firm Ltd. responds:

Clause 1 and Clause 2, Article 37 of the Labor Code 2012 stipulate the right to unilaterally terminate the labor contract for employees working under a fixed-term labor contract as follows:

1. Employees working under a fixed-term labor contract have the right to unilaterally terminate the labor contract before the term in the following cases:

a) Not being assigned to the correct job, workplace, or not being ensured working conditions as agreed upon in the labor contract;

b) Not being paid in full or not being paid on time as agreed in the labor contract;

c) Being mistreated, sexually harassed, or coerced into labor;

d) The employee or their family faces difficult circumstances that make it impossible to continue executing the labor contract;

dd) Being elected to perform specialized duties in an elected body or being appointed to hold a position in the state apparatus;

e) Female employees are pregnant and need to take leave according to the directions of a competent medical facility;

g) Employees fall ill or have an accident, having been treated for 90 consecutive days for those working under a fixed-term labor contract, and a quarter of the contract term for those working under a seasonal labor contract or for a specific job with a term of less than 12 months when the ability to work has not been recovered.

2. When unilaterally terminating the labor contract in accordance with Clause 1 of this Article, the employee must inform the employer in advance:

b) At least 30 days if it is a fixed-term labor contract.

Thus, if an employee is not assigned to the correct job, workplace, or not ensured working conditions as agreed upon in the labor contract, they have the right to unilaterally terminate the labor contract. In this case, the employee must comply with the notice period regulations as cited above.

According to Lao Dong Newspaper

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