Can I quit my job with 1 day's notice in Vietnam? Can I get paid for taking leave to take my child to the university entrance exam in Vietnam?

Can I quit my job with 1 day's notice in Vietnam?

I want to quit my job, but I only have 1 day to report before I quit. I signed a 2-year contract with the company. But due to a conflict, I want to quit permanently. Is it possible?

Answer:

Pursuant to Clause 1 Article 35 of the Labor Code in 2019 stipulating the right of an employee to unilaterally terminates the employment contract as follows:

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

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

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

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

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

In accordance with your case, you have a fixed-term labor contract with a term of 24 months. Therefore, you must give the company at least 30 days' notice.

However, if you inform the company 1 day in advance and the company agrees, you are allowed to resign. Otherwise, you unilaterally terminate the labor contract illegally and must compensate the company (according to Article 41 of this Code).

Can I quit my job with 1 day's notice in Vietnam? Can I get paid for taking leave to take my child to the university entrance exam in Vietnam? - Source: Internet

Can I get paid for taking leave to take my child to the university entrance exam in Vietnam?

My son is taking the university entrance exam this year. I want to take 3 days off to take him to the exam. I don't know if I will still get salary on those days.

Answer:

Pursuant to Article 115 of the Labor Code in 2019 stipulating personal leave, unpaid leave as follows:

1. An employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:

a) Marriage: 03 days;

b) Marriage of his/her biological child or adopted child: 01 day;

c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.

2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.

3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article.

Therefore, your leave to take your child to the university entrance exam does not fall under the case of being allowed to take personal leave with pay. In this case, you can negotiate with your company to take unpaid leave. Or you can use your annual leave, and inform the company at the same time.

Can I get 3 months of maternity leave before giving birth to twins in Vietnam?

I would like to ask if female employees who are pregnant with twins are allowed to take 3 months off before giving birth? In the case of giving birth to one child, it has been allowed to take 2 months off before giving birth. I don't know if twins can have more time off before giving birth?

Answer:

Pursuant to Clause 1 Article 139 of the Labor Code in 2019 stipulating maternity leave as follows:

A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months.

In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.

Therefore, the law does not stipulate that female employees who are pregnant with twins or triplets are allowed to take more than 02 months off before giving birth. Therefore, even when pregnant with twins, you can only take a maximum of 02 months off before giving birth. However, the additional time off after giving birth will be increased by 1 month when giving birth to twins.

Best regards!