07/10/2022 15:58

Is it legal to unilaterally terminate labor contract in Vietnam?

Is it legal to unilaterally terminate labor contract in Vietnam?

"Hi Lawnet. I would like to ask if it is illegal for an employee to quit his/her job without the company's consent. Thank you!" _ Hoai Nam (Hue, Vietnam)

Thank you for your question. Lawnet would like to answer as follows:

Pursuant to the provisions of Article 34 of the Labor Code 2019, cases of termination of labor contracts include:

- The employment contract expires, except for the case specified in Clause 4 Article 177 of this Code.

- The tasks stated in the employment contract have been completed.

- Both parties agree to terminate the employment contract.

- The employee is sentenced to imprisonment without being eligible for suspension or release as prescribed in Clause 5 Article 328 of the Criminal Procedure Code, capital punishment or is prohibited from performing the work stated in the employment contract by an effective verdict or judgment of the court.

- The foreign employee working in Vietnam is expelled by an effective verdict or judgment of the court or a decision of a competent authority.

- The employee dies; is declared by the court as a legally incapacitated person, missing or dead.

- The employer that is a natural person dies; is declared by the court as a legally incapacitated person, missing or dead. The employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province (hereinafter referred to as “provincial business registration authority”) issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations.

- The employee is dismissed for disciplinary reasons.

- The employee unilaterally terminates the employment contract in accordance with Article 35 of this Code.

- The employer unilaterally terminates the employment contract in accordance with Article 36 of this Code.

- The employer allows the employee to resigns in accordance with Article 42 and Article 43 of this Code.

- The work permit or a foreign employee expires according to Article 156 of this Labor Code.

- The employee fails to perform his/her tasks during the probationary period under the employment contract or gives up the probation.

Thus, in case of quitting a job before the expiration of the labor contract, the employee can legally terminate the labor contract in one of two ways:

Firstly, agree to terminate the labor contract with the employer.

The employee will present his desire to quit and the time he will take leave to reach an agreement with the employer on the termination of the labor contract. The company will consider and agree to let the employee leave, sometimes may agree to let the employee leave earlier if an alternative position can be arranged.

Secondly, unilaterally terminate the lawful labor contract.

This is the case that when the employee asks for opinions but the company does not approve, the employee is still entitled to leave according to the provisions of Article 35 of the 2019 Labor Code. At that time, the employee only needs to send prior notice:

- If working under an indefinite term labor contract:

+ At least 45 days notice: If doing normal work.

+ At least 120 days advance notice: If working as a member of the flight crew; aircraft maintenance staff, business managers, etc.

- If working under a labor contract with a term of 12 - 36 months:

+ At least 30 days notice: If doing normal work.

+ At least 120 days advance notice: If working as a member of the flight crew; aircraft maintenance staff, business managers, etc.

- If working under a labor contract with a term of less than 12 months:

+ At least 3 working days notice: If doing normal work.

+ Notice at least ¼ of the contract term: If doing a specific job such as a member of the flight crew; aircraft maintenance staff, business managers.

Note that an employee is 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 this Labor Code;

- is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

- 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 this Labor Code.

- 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 this Labor Code in a manner that affects the performance of the employment contract.

Thus, employees who quit their jobs do not necessarily need the consent of the company. The law allows the employee to only need to notify the employer in advance or to have the reasons without prior notice prescribed by the law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
27


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