06/08/2022 09:56

How to legally terminate a labor contract in Vietnam?

How to legally terminate a labor contract in Vietnam?

Labor relations are one of the most common relationships in daily life. We often keep in mind that when starting an employment relationship, it is necessary to sign a labor contract to avoid risks during the implementation of the labor contract, but when terminating the labor contract, both employers and employees often pay little attention to legal procedures.

Typically, in Judgment 02/2018/LD-PT dated 11/04/2018 by the People's Court of Long An province for the appellate hearing on the "dispute on unilateral termination of the labor contract".

The content of the case is as follows: Ms. Truong Thi Kim H, born in 1990, signed an indefinite-term labor contract with V Company Limited. According to the testimony of the plaintiff, Ms. Truong Thi Kim H, on February 20, 2020. In 2017, she received Decision No. 27/2017/QDTV-HCNS-VF dated February 20, 2017 on the company's termination of the aforementioned labor contract. On February 21 and 22, 2017, she went to the company to hand over the work. However, before terminating the labor contract with her, the company did not notify the reason, did not notify her 45 days in advance and also did not have a union meeting. During the working process, she did not violate the labor contract, company rules as well as the law. Realizing that V Co., Ltd. had unilaterally terminated the labor contract illegally, she initiated a request to Company V to compensate for unilaterally terminating the contract with her.

The defendant company V stated that: On February 21, 2017, Ms. H had an agreement with the company on the termination of the labor contract, not because the company unilaterally terminated the labor contract. However, the company did not provide evidence to prove that Ms. H voluntarily quit her job such as a resignation letter... Therefore, there is no basis to believe that Ms. He is willingly leaving.

Pursuant to Article 38 of the 2012 Labor Code of Vietnam, the company has unfairly unilaterally terminated the labor contract with Ms. H. Therefore, the company is obliged to compensate the labor contract for Ms. H for impossibly terminating the contract with her.

Therefore, even the employee or the employer, before terminating the labor contract, it is necessary to follow the legal procedures to avoid future troubles. For example, on the company's side, when an employee resigns, whether it is on the same day or 30 or 45 days in advance, it is also important to have a resignation letter from the employee in order to avoid the employees coming back to sue them later for illegally terminating the contract against them. If you are an employee, you also need to have an application for leave as well as a notice period in accordance with the provisions of the Labor Code 2012 of Vietnam.

Nguyen Sang

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