Collection of 30 appellate judgments on disputes over 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:

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