Based on Article 40 of the Vietnam Labor Code 2019 regarding the obligations of employees when unilaterally terminating labor contracts illegally:
Obligations of employees upon illegal unilateral termination of labor contracts
1. Not entitled to severance pay.
2. Must compensate the employer half a month's salary according to the labor contract and an amount equivalent to the salary according to the labor contract for the days of not notifying in advance.
3. Must reimburse the employer for the training costs as stipulated in Article 62 of this Code.
In the case where an employee signs a vocational training contract with the company and unilaterally terminates the labor contract illegally, they shall be obligated to reimburse the company for the training costs.
If the labor contract is terminated legally, the employee is only required to reimburse the company for training costs if the vocational training contract includes an agreement on reimbursing training costs and the employee fails to adhere to the commitments in the contract.
Vocational training costs for employees during their education period include the regulations stipulated in clause 3 of Article 62 of the Vietnam Labor Code 2019:
- Study materials, schools, classes;
- Machines, equipment, practice materials;
- Other costs supporting learners;
- Salaries, social insurance, health insurance, unemployment insurance contributions for learners.
Below is a compilation of judgments on disputes over reimbursement of training costs for employees adjudicated by Vietnamese courts:
No. | Judgment Title | Level of Adjudication | Issuing Authority |
---|---|---|---|
1 | Judgment 04/2023/LD-PT on the dispute of vocational training, reimbursement of training costs | Appellate | People’s Court of Hai Phong City |
2 | Judgment 01/2024/LD-ST on the dispute of unilateral termination of labor contracts | Appellate | People’s Court of Long An Province |
3 | Judgment 09/2022/LD-ST on vocational training disputes | First Instance | People’s Court of Quy Nhon City, Binh Dinh Province |
4 | Judgment on dispute over claiming wages, claiming tuition, supporting outstanding tuition according to labor contracts and demanding compensation for damages as per training agreement number 479/2022/LD-PT | Appellate | People’s Court of Ho Chi Minh City |
5 | Judgment 01/2022/LD-ST on labor dispute | First Instance | People’s Court of Mong Cai City, Quang Ninh Province |
6 | Judgment on request for reimbursement of training costs, bonuses and compensation for damages due to violation of commitments number 04/2022/LD-PT | Appellate | People’s Court of Phu Yen Province |
7 | Judgment 01/2022/LD-PT on the dispute of unilateral termination of labor contracts, compensation for damages upon contract termination, insurance | First Instance | People’s Court of E District, Dak Lak Province |
8 | Judgment on dispute over unilateral termination of labor contract number 1067/2020/LD-PT | Appellate | People’s Court of Ho Chi Minh City |
9 | Judgment 01/2021/LD-PT on January 04, 2021 on the dispute of training cost reimbursement | Appellate | People’s Court of Hanoi City |
10 | Judgment 03/2019/LD-PT on dispute over the demand for training cost reimbursement (compensation agreement in training contract contrary to the provisions of law) | Appellate | People’s Court of Hanoi City |
11 | Judgment 1156/2019/LD-PT on dispute over damage compensation for training costs | Appellate | People’s Court of Ho Chi Minh City |
12 | Judgment on dispute over labor contracts, training agreements, demand for wages, social insurance, health insurance, unemployment insurance and compensation for damages number 01/2019/LD-ST | First Instance | People’s Court of Thu Dau Mot City, Binh Duong Province |
13 | Judgment on dispute over labor contracts due to unilateral termination of labor contracts and demand for training cost reimbursement number 03/2018/LD-ST | First Instance | People’s Court of Duc Trong District. |
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