Do employees who resign their job because their boss scolded them need to give advance notice in Vietnam? How much is fine for bosses who scold their employees in Vietnam?

Do employees who resign their job because their boss scolded them need to give advance notice in Vietnam?

Article 35 of the 2019 Labor Code stipulates the right of an employee to unilaterally terminates the employment contract as follows:

1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;

d) The notice period in certain fields and jobs shall be specified by the government.

2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

a) 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;

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

c) 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;

d) is sexually harassed in the workplace;

dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) 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, your boss's scolding behavior is considered to be words and actions that insult the employee's dignity and honor. In this case, you can terminate the employment contract without prior notice in Vietnam.

Do employees who resign their job because their boss scolded them need to give advance notice in Vietnam? How much is fine for bosses who scold their employees in Vietnam? (Image from the Internet)

How much is fine for bosses who scold their employees in Vietnam? 

According to Clause 3, Article 7, Decree 144/2021/ND-CP stipulates violations against regulations on public order as follows:

3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:

a) Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of this Decree;

b) Organizing, hiring, enticing, tempting another person to cause injuries or bodily harms, or to insult or humiliate another person but not liable to criminal prosecution;

c) Providing false information for a competent authority or organization;

d) Calling 111, 113, 114, 115 or a hotline number of an organization for the purpose of harassment, threatening or insulting;

dd) Manufacturing, storing, transporting sky lanterns;

e) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate legal documents issued by or registered with competent authorities as per regulations;

g) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without maintaining fulfillment of personnel requirements under the license issued by a competent authority;

h) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without adequate equipment, tools, workshop, area under the license issued by a competent authority;

i) Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof without compliance with regulations of law on security, safety and environment.

Pursuant to Clause 2, Article 4 of Decree 144/2021/ND-CP regulating fine levels:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

Therefore, if your boss scolds you, he is insulting your dignity and honor, so he will be fined from 2,000,000 VND to 3,000,000 VND in Vietnam.

Best regards!