Vietnam: Is the employee leaving the job required to submit a resignation letter? In what cases is it considered illegal for an employee to quit his/her job?
Is the employee leaving the job required to submit a resignation letter?
Article 35 of the 2019 Labor Code of Vietnam provides the right of an employee to unilaterally terminate the employment contract as follows:
The right of an employee to unilaterally terminate the employment contract
1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;
d) The notice period in certain fields and jobs shall be specified by the government.
2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or
g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.
Thus, except for some special cases, the employee will be dismissed immediately, when the employee quits, he/she must notify the employer in advance for a prescribed period of time.
However, the law does not stipulate whether an employee's advance notice must be made in writing (a resignation letter). Therefore, whether an employee leaving a job must submit a resignation letter or not will depend on many factors such as labor rules, previous agreements between the parties, etc.
Vietnam: Is the employee leaving the job required to submit a resignation letter? In what cases is it considered illegal for an employee to quit his/her job? (Image from the Internet)
In what cases is it considered illegal for an employee to quit his/her job?
According to the provisions of Article 39 of the 2019 Labor Code of Vietnam on illegal unilateral termination of employment contracts in Vietnam as follows:
Illegal unilateral termination of employment contracts in Vietnam
The unilateral termination of an employment contract will be illegal if it does not comply with regulations of Article 35, 36 and 37 of this Labor Code.
Thus, it can be understood that it is illegal for an employee to quit his job when he fails to notify the employer in advance within a specified period of time:
- at least 45 days in case of an indefinite-term employment contract;
- at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
- at least 03 working days in the case of an employment contract with a fixed term of less than 12 months and in the cases stipulated in Point b Clause 1 of this Article;
- at least 120 days for an indefinite term employment contract or a definite term employment contract of 12 months or more for a number of specific industries, trades and jobs;
- at least equal to a quarter of the term of the employment contract, for a employment contract with a term of less than 12 months, for a number of specific industries, trades and jobs.
What are the obligations of employees when they leave work illegally?
When leaving work in an illegal case, the employee must have the obligations specified in Article 40 of the 2019 Labor Code of Vietnam specifically as follows:
Obligations of the employee upon illegal unilateral termination of the employment contract
The employee who illegally unilaterally terminates his/her employment contract shall:
1. Not receive the severance allowance.
2. Pay the employer a compensation that is worth his/her half a month’s salary plus (+) an amount equal to his/her salary for the remaining notice period from the termination date.
3. The employee shall reimburse the employer with the training costs in accordance with Article 62 of this Code.
Thus, when leaving work in an illegal case, the employee must have the following obligations:
- Not receive the severance allowance.
- Pay the employer a compensation that is worth his/her half a month’s salary plus (+) an amount equal to his/her salary for the remaining notice period from the termination date.
- The employee shall reimburse the employer with the training costs in accordance with Article 62 of this Code.
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