What is "run-up to the deadline"? Will acts of missing the deadline multiple times result in termination of employment contract in Vietnam?

Hi, Lawnet would like to answer as follows:

What is "run-up to the deadline"?

Deadline is a commonly used term to refer to the final deadline for completing a project, submitting a report, or submitting documentation, etc., as assigned.

Therefore, "run-up to the deadline" can be understood as the act of rushing to complete the assigned tasks or workload before the required time.

For example, when given a task by a supervisor to be completed within a day, but for some objective reason, you only start the task in the evening. In order to meet the schedule set by the supervisor, you need to accelerate your work as much as possible, even staying up late to complete it. Running in this urgent manner is what run-up to the deadline means.

Will acts of missing the deadline multiple times result in termination of employment contract in Vietnam?

In real life, it is likely that everyone has been late for a deadline at least once in their work. There are many reasons for being late for a deadline, and the main ones are as follows:

Lack of specific plans for the work: The lack of a plan or a non-specific and flexible plan can lead to insufficient time to complete the work. Without a specific schedule, it is difficult to adjust the timing to meet the work schedule.

Lack of time management skills: Employees have difficulty estimating the time required for each specific task and allocating time for the work, resulting in failure to complete the assigned workload.

Incorrect prioritization of tasks: Sometimes, prioritizing the completion of tasks in an incorrect way can lead to failure to complete the work on time.

Inability to predict the progress of work: If there are changes in requirements or unexpected issues, it can cause delays in the work. The main reason for this is uncertainty and poor forecasting ability, which result in not being able to anticipate objective factors that create difficulties in achieving the goal.

Personal issues: Some personal issues, such as poor health, mental pressure, or a lack of focus while working, can also make it difficult to complete the work on time.

However, in most cases, being late for a deadline will affect the production and business progress of the company. Therefore, typically, the company will negotiate in advance with the employee regarding the rules for completing the work before signing the employment contract.

In the case where both parties agree to the rule of termination of employment if the employee fails to complete the work according to the employment contract, the company has the right to unilaterally terminate the employment contract (or, in other words, terminate the employee) when the employee is late for the deadline multiple times, as stipulated in point a, clause 1 of Article 36 of the Labor Code 2019, specifically:

Article 36. The right of an employer to unilaterally terminates the employment contract

1. An employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:

a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any);

...

It is also important to note that in order for the company to terminate the employment contract with an employee, it must establish regulations for evaluating the completion of work and prove that the employee regularly fails to meet the deadlines according to the specified criteria.

What can be done to address the issue of being late for deadlines?

If you do not know how to address the issue of being late for deadlines, Lawnet would like to suggest the following methods:

(1) Identify the reasons for being late for deadlines, which will help you understand the issues that need to be addressed.

(2) Establish and adjust a work plan that is appropriate and ensures feasibility when implemented.

(3) Properly divide goals for work, prioritizing the completion of important and urgent tasks.

(4) Enhance communication with managers and colleagues and inform them if you need assistance when facing difficulties in your work.

(5) Find innovative solutions in your work to improve labor productivity, such as new work methods or technological solutions like AI applications.

(6) Implement activities that can effectively reduce stress, such as exercise and meditation.

(7) Learn and develop time management skills, and continuously improve your work process based on your gained experiences.

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