Template for the Latest Work Handover Minutes? Must Employees Handover Work When Resigning?
Latest Work Handover Minutes Template?
Currently, the Labor Code 2019 does not specifically regulate the template for work handover minutes when an employee resigns.
However, these handover minutes need to provide accurate, honest, and appropriate information related to the job position and company regulations.
Employees and employers can refer to the following sample work handover minutes when an employee resigns:
Download the Work Handover Minutes Template here
Latest Work Handover Minutes Template? Does an employee need to hand over work when resigning?
Is it mandatory for an employee to hand over work when resigning?
Based on Article 48 of the Labor Code 2019 regulating responsibilities after the termination of a labor contract specifically as follows:
Responsibilities upon termination of a labor contract
1. Within 14 working days from the date of termination of the labor contract, both parties are responsible for fully settling all monies related to each party's benefits, except in the following cases which may extend but not exceed 30 days:
a) The employer, who is not an individual, ceases operation;
b) The employer changes its structure, technology, or for economic reasons;
c) Division, separation, consolidation, merger; sale, leasing, conversion of type of enterprise; transfer of ownership rights, right to use assets of the enterprise, cooperative;
d) Due to natural disasters, fire, enemy-inflicted destruction, or dangerous diseases.
2. Wages, social insurance, health insurance, unemployment insurance, severance pay, and other benefits of the employee according to the collective labor agreement and labor contract are prioritized for payment in case the enterprise, cooperative ceases operation, is dissolved, or goes bankrupt.
3. The employer has the following responsibilities:
a) Complete procedures for confirming the social insurance, unemployment insurance contribution period and return it together with the original documents if the employer has kept those of the employee;
b) Provide copies of documents related to the employee’s working process if requested by the employee. Costs for copying and sending the documents shall be borne by the employer.
According to the regulations on the responsibilities of the employee upon resignation, there is no provision requiring the employee to hand over work to the company even if the failure to hand over affects the company.
However, based on Clause 2, Article 5 of the Labor Code 2019 regarding the obligations of employees as follows:
Rights and obligations of employees
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2. Employees have the following obligations:
a) Perform the labor contract, collective labor agreement, and other lawful agreements;
b) Comply with labor discipline, internal labor regulations; follow the management, administration, and supervision of the employer;
c) Implement the laws on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and health.
Thus, although the law does not provide for the handover of work upon resignation, if the handover is stipulated in the labor contract, collective labor agreement, or other cooperation agreements, the employee is obligated to perform it.
How many days' notice is required for an employee to resign?
Based on the regulations in Article 35 of the Labor Code 2019, the content is as follows:
Right of an employee to unilaterally terminate the labor contract
1. An employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:
a) At least 45 days if working under an indefinite-term labor contract;
b) At least 30 days if working under a fixed-term labor contract with a duration of 12 to 36 months;
c) At least 03 working days if working under a fixed-term labor contract with a duration of less than 12 months;
d) For certain industries, trades, or work with specific characteristics, the notice period shall be in accordance with the regulations of the Government of Vietnam.
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An employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:
(1) If working under an indefinite-term labor contract, at least 45 days' notice is required;
(2) If working under a fixed-term labor contract with a duration of 12 to 36 months, at least 30 days' notice is required;
(3) If working under a fixed-term labor contract with a duration of less than 12 months, at least 3 days' notice is required;
(4) If an employee works in an industry, trade, or job with specific characteristics and unilaterally terminates the labor contract, the notice period shall be in accordance with the regulations in Article 7 of Decree 145/2020/ND-CP.
Note: If falling under the cases in Clause 2, Article 35 of the Labor Code 2019, no notice is required.
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