27/09/2024 09:56

Collection of 30 appellate judgments on disputes over unilateral termination of labor contracts in Vietnam

Collection of 30 appellate judgments on disputes over unilateral termination of labor contracts in Vietnam

What are regulations on the right to unilaterally terminate labor contracts of employees in Vietnam? What are appellate judgments on disputes regarding unilateral termination of labor contracts in Vietnam?

1. What are regulations on the right to unilaterally terminate labor contracts of employees in Vietnam?

According to Clause 1, Article 35 of the Labor Code 2019, an employee has the right to unilaterally terminate their labor contract but must give advance notice to the employer as follows:

- At least 45 days: if working under a labor contract with an indefinite term;

- At least 30 days: if working under a fixed-term labor contract with a term of 12 to 36 months;

- At least 3 days: if working under a fixed-term labor contract with a term of less than 12 months;

- For certain industries, professions, and jobs, the notice period is regulated by the Government of Vietnam.

However, an employee has the right to unilaterally terminate the labor contract without giving notice in the cases specified in Clause 2, Article 35 of the Labor Code 2019 as follows:

- Not being assigned to the correct job or workplace, or not being ensured working conditions as agreed, except in cases specified in Article 29 of the Labor Code 2019;

- Not being paid in full or on time, except in cases specified in Clause 4, Article 97 of the Labor Code 2019;

- Being mistreated, beaten, or having abusive words, behavior, or actions that affect their health, dignity, or honor; being forced to work;

- Being sexually harassed at the workplace;

- Female employees being pregnant and having to quit as prescribed in Clause 1, Article 138 of the Labor Code 2019;

- Reaching retirement age as prescribed in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties;

- The employer providing false information as prescribed in Clause 1, Article 16 of the Labor Code 2019 affecting the performance of the labor contract.

2. Collection of 30 appellate judgments on disputes over unilateral termination of labor contracts in Vietnam

Below is a compilation of 30 appellate judgments on disputes over unilateral termination of labor contracts:

No. Judgment Title Judgment Date Court
1 Judgment on dispute over unilateral termination of labor contract No.86/2021/LD-PT January 25, 2021 Ho Chi Minh City People's Court
2 Judgment on dispute over unilateral termination of labor contract No.07/2021/LD-PT April 14, 2021 Binh Duong Province People's Court
3 Judgment on dispute over unilateral termination of labor contract No.671/2021/LD-PT December 7, 2021 Ho Chi Minh City People's Court
4 Judgment on dispute over unilateral termination of labor contract No.1121/2018/LD-PT November 27, 2018 Ho Chi Minh City People's Court
5 Judgment on dispute over unilateral termination of labor contract No.668/2021/LD-PT December 6, 2021 Ho Chi Minh City People's Court
6 Judgment on dispute over unilateral termination of labor contract No.02/2020/LD-PT May 8, 2020 Higher People's Court in Ho Chi Minh City
7 Judgment on dispute over unilateral termination of labor contract No.173/2021/LD-PT February 23, 2021 Ho Chi Minh City People's Court
8 Judgment on dispute over unilateral termination of labor contract No.384/2021/LD-PT April 22, 2021 Ho Chi Minh City People's Court
9 Judgment on dispute over unilateral termination of labor contract No.11/2022/LD-PT January 6, 2022 Ho Chi Minh City People's Court
10 Judgment on dispute over unilateral termination of labor contract No.161/2022/LD-PT April 14, 2022 Ho Chi Minh City People's Court
11 Judgment on dispute over unilateral termination of labor contract No.04/2020/LD-PT August 21, 2020 Ca Mau Province People's Court
12 Judgment on dispute over unilateral termination of labor contract No.03/2020/LD-PT June 22, 2020 Higher People's Court in Ho Chi Minh City
13 Judgment on dispute over unilateral termination of labor contract No.04/2021/LD-PT April 13, 2021 Can Tho City People's Court
14 Judgment on dispute over unilateral termination of labor contract No.03/2022/LD-PT September 16, 2022 Bac Ninh Province People's Court
15 Judgment on dispute over unilateral termination of labor contract No.01/2022/LD-PT September 16, 2022 Bac Ninh Province People's Court
16 Judgment on dispute over unilateral termination of labor contract No.02/2023/LD-PT March 2, 2023 Tien Giang Province People's Court
17 Judgment on dispute over unilateral termination of labor contract No.1058/2020/LD-PT November 26, 2020 Ho Chi Minh City People's Court
18 Judgment on dispute over unilateral termination of labor contract No.560/2022/LD-PT September 8, 2022 Ho Chi Minh City People's Court
19 Judgment on dispute over unilateral termination of labor contract No.687/2022/LD-PT November 23, 2022 Ho Chi Minh City People's Court
20 Judgment on dispute over unilateral termination of labor contract No.19/2021/LD-PT December 3, 2021 Binh Duong Province People's Court
21 Judgment on dispute over unilateral termination of labor contract No.252/2019/LD-PT April 2, 2019 Ho Chi Minh City People's Court
22 Judgment on dispute over unilateral termination of labor contract No.530/2023/LD-PT April 28, 2023 Ho Chi Minh City People's Court
23 Judgment on dispute over unilateral termination of labor contract No.323/2022/LD-PT June 22, 2022 Ho Chi Minh City People's Court
24 Judgment on dispute over unilateral termination of labor contract No.645/2021/LD-PT November 29, 2021 Ho Chi Minh City People's Court
25 Judgment on dispute over unilateral termination of labor contract No.02/2021/LD-PT March 18, 2021 Dong Nai Province People's Court
26 Judgment on dispute over unilateral termination of labor contract No.275/2021/LD-PT March 26, 2021 Ho Chi Minh City People's Court
27 Judgment on dispute over unilateral termination of labor contract No.347/2023/LD-PT March 20, 2023 Ho Chi Minh City People's Court
28 Judgment on dispute over unilateral termination of labor contract No.10/2020/LD-PT August 31, 2020 Binh Duong Province People's Court
29 Judgment on dispute over unilateral termination of labor contract No.548/2021/LD-PT June 29, 2021 Ho Chi Minh City People's Court
30 Judgment on dispute over unilateral termination of labor contract No.20/2023/LD-PT September 7, 2023 Binh Duong Province People's Court
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