Vietnam: Does the employer have the right to unilaterally terminate the employee contract if the employee does not agree to supplement content to the employee contract?
Does the employer have the right to unilaterally terminate the employee contract if the employee does not agree to supplement content to the employee contract?
Based on the provisions of Article 36 of the Labor Code 2019 that stipulates the employer's right to unilaterally terminate the employee contract as follows:
Employer's right to unilaterally terminate the employee contract
1. The employer has the right to unilaterally terminate the employee contract in the following cases:
a) The employee frequently fails to complete the work according to the employee contract as determined by the criteria for evaluating the completion of work in the employer's regulations. The regulations for evaluating the completion of work are issued by the employer but must consult the employee representative organization at the establishment, if any;
b) The employee is ill or has an accident and has received treatment for 12 consecutive months for those working under indefinite-term employee contracts, or has received treatment for 06 consecutive months for those working under definite-term employee contracts from 12 months to 36 months, or more than half of the contract term for those working under definite-term employee contracts of less than 12 months without recovering their labor capacity.
When the health of the employee is restored, the employer shall consider re-employing the employee;
c) Due to natural disasters, fires, dangerous epidemics, enemy destruction, or relocation, reduction in production and business as required by the competent state authority that the employer has taken all remedial measures but still has to reduce the workplace;
d) The employee does not show up at the workplace after the time limit specified in Article 31 of this Code;
dd) The employee reaches the retirement age as stipulated in Article 169 of this Code, unless otherwise agreed upon;
e) The employee voluntarily leaves work without a legitimate reason for 05 or more consecutive working days;
g) The employee provides false information as prescribed in Clause 2, Article 16 of this Code, affecting the recruitment of the employee.
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Thus, in cases where the employer has the right to unilaterally terminate the employee contract, there is no provision for the case where the employee does not agree to supplement content to the contract.
Therefore, the employer does not have the right to unilaterally terminate the employee contract if the employee does not agree to supplement content to the contract.
Vietnam: Does the employer have the right to unilaterally terminate the employee contract if the employee does not agree to supplement content to the employee contract?
What are the rights of the employer in Vietnam?
Based on the provisions of Clause 1, Article 6 of the Labor Code 2019 stipulating the rights and obligations of the employer as follows:
Rights and obligations of the employer
1. The employer has the following rights:
a) To recruit, arrange, manage, operate, and supervise labor; reward and handle violations of labor discipline;
b) To establish, join, and operate in representative organizations of employers, professional organizations, and other organizations as prescribed by law;
c) To request the representative organization of employees to negotiate with the purpose of signing a collective labor agreement; to participate in resolving labor disputes, strikes; to dialogue and exchange with the representative organization of employees on issues in labor relations, and to improve the material and spiritual life of employees;
d) To temporarily close the workplace;
) Other rights as prescribed by law.
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Thus, the rights of the employer are stipulated as follows:
- To recruit, arrange, manage, operate, and supervise labor; reward and handle violations of labor discipline;
- To establish, join, and operate in representative organizations of employers, professional organizations, and other organizations as prescribed by law;
- To request the representative organization of employees to negotiate with the purpose of signing a collective labor agreement; to participate in resolving labor disputes, strikes; to dialogue and exchange with the representative organization of employees on issues in labor relations, and to improve the material and spiritual life of employees;
- To temporarily close the workplace;
- Other rights as prescribed by law.
In what form will the parties agree to supplement content to the employee contract be implemented?
Based on the provisions of Clause 2, Article 33 of the Labor Code 2019 that stipulates the amendment and supplementation of employee contracts as follows:
Amendment and supplementation of employee contracts
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2. If the two parties agree, the amendment and supplementation of the employee contract content shall be carried out by signing an appendix to the employee contract or entering into a new employee contract.
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Thus, if the two parties agree, the amendment and supplementation of the employee contract content shall be carried out by signing an appendix to the employee contract or entering into a new employee contract.
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