If a public employee notifies 45 days in advance, can he/she unilaterally terminate the working contract when the unit does not resolve the form in Vietnam?
I am a teacher who has been working for 15 years. If I want to resign in accordance with the law, I must notify 45 days in advance to the managing unit. If the unit does not allow me to resign, can I still resign? After that, if I want to continue working elsewhere and want to pay social insurance, how should I pay it? Currently, my salary coefficient is 3.66.
If a public employee notifies 45 days in advance, can he/she unilaterally terminate the working contract when the unit does not resolve the form in Vietnam? (Image from the Internet)
Article 29 of the 2010 Law on Public Employees stipulates:
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4. Public employees working under working contracts with an indefinite term may unilaterally terminate their contracts provided that they shall notify such in writing to the heads of their public non-business units at least 45 days in advance; for public employees who fall sick or have accidents and have received medical treatment for 6 consecutive months, such notice must be given at least 3 days in advance.
5. Public employees working under working contracts with a definite term may unilaterally terminate their contracts in the following cases:
a/ They arc employed in working positions or workplaces or provided with working conditions not as agreed in their working contracts:
b/ They are paid with salaries lower than the level or later than the time agreed in their working contracts;
c/ They are maltreated or forced to work;
d/ They or their families meet so great difficulties that they cannot continue performing their contracts;
e/ Female public employees get pregnant and have to lake leave as prescribed by a medical treatment establishment;
f/ They fall sick or have accidents and have received medical treatment for 3 or more consecutive months but cannot rehabilitate their working capacity.
6. Public employees shall notify in writing their unilateral termination of their working contracts to the heads of their public non-business units at least 3 days in advance for the cases specified at Points a. b. c, e and f, Clause 5 of this Article; or at least 30 days in advance for the cases specified at Point d. Clause 5 of this Article.
Therefore, unilateral termination of the working contract is a right, and if you sign an indefinite-term working contract, you need to notify the workplace at least 45 days in advance.
According to Article 57 of Decree 115/2020/ND-CP on procedures for termination:
In case a public employee unilaterally terminates the working contract, they must notify in writing to the head of the public sector unit as specified in Clause 6 of Article 29 of the Law on Public Employees.
Within 05 working days from the date of receiving the public employee's request, if agreeing to terminate the public employee, the head of the public sector unit shall terminate the working contract and settle the termination regime for the public employee as prescribed. If not agreeing to terminate the public employee, they must respond in writing and state the reasons as prescribed.
Therefore, when receiving your request, the school principal will review it, and if you meet the conditions, your termination will be processed. If not agreed, a written response stating the reasons must be provided. If it is not suitable, you can file a complaint about this issue. If you unilaterally terminate the working contract, you will not be entitled to the termination regime. Regarding social insurance, when you resign, the unit will be responsible for finalizing the social insurance book and returning it to you. When you move to a new unit, you will continue to participate in social insurance as required by law.
Best regards!
