Vietnam: When will an employer have the right to unilaterally terminate the employment contract without prior notice?
- Will an employee who illegally unilaterally terminates his/her employment contract receive the severance allowance in Vietnam?
- Vietnam: When will an employer have the right to unilaterally terminate the employment contract without prior notice?
- Vietnam: When will an employee have the right to unilaterally terminate the employment contract without prior notice?
Will an employee who illegally unilaterally terminates his/her employment contract receive the severance allowance in Vietnam?
Pursuant to the provisions of Clause 1, Article 40 of the Labor Code 2019, the regulations are 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, based on the above regulations, the employee who illegally unilaterally terminates his/her employment contract shall not receive the severance allowance in Vietnam.
Vietnam: When will an employer have the right to unilaterally terminate the employment contract without prior notice?
Vietnam: When will an employer have the right to unilaterally terminate the employment contract without prior notice?
Pursuant to the provisions of Clause 3, Article 36 of the Labor Code 2019, the regulations are as follows:
The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:
a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any);
b) The employee is sick or has an accident and remains unable to work after having received treatment for a period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration of the contract in case of an employment contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the employee;
c) In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing requested by a competent authority, the employer has to lay off employees after all possibilities have been exhausted;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this Labor Code;
dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties;
e) The employee is not present at work without acceptable excuses for at least 05 consecutive working days;
g) The employee fails to provide truthful information during the conclusion of the employment contract in accordance with Clause 2 Article 16 of this Labor Code in a manner that affects the recruitment.
2. When unilaterally terminating the employment contract in any of the cases specified in Point a, b, c, dd and g Clause 1 of this Article, the employer shall inform the employee 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 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;
d) The notice period in certain fields and jobs shall be specified by the government.
3. When unilaterally terminating the employment contract in the cases mentioned in Point d and Point e Clause 1 of this Article, the employer is not required to inform the employee in advance.
Thus, based on the above regulations, the cases in which the employer is not required to inform the employee in advance when unilaterally terminating the employment contract:
- The employee is not present at the workplace after the time limit specified in Article 31 of Labor Code 2019.
- The employee is not present at work without acceptable excuses for at least 05 consecutive working days
Vietnam: When will an employee have the right to unilaterally terminate the employment contract without prior notice?
Pursuant to the provisions of Clause 2, Article 35 of the Labor Code 2019, the regulations are as follows:
The right of an employee to unilaterally terminates the employment contract
...
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.
Accordingly, an employee shall have the right to unilaterally terminate the employment contract without prior notice if he/she:
- 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 Labor Code 2019;
- is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of Labor Code 2019.
- 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;
- is sexually harassed in the workplace;
- is pregnant and has to stop working in accordance with Clause 1 Article 138 of Labor Code 2019.
- reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or
- finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of Labor Code 2019 in a manner that affects the performance of the employment contract.
LawNet
