Cases in Which Employees May Be Immediately Dismissed

In which cases can employees be immediately dismissed?

The current Labor Code specifies several new points, including circumstances under which employers can terminate labor contracts without prior notice. Specifically, what are these cases?

Answer: According to Clause 3, Article 36 of the Labor Code 2019 regarding the employer's right to unilaterally terminate a labor contract:

When unilaterally terminating a labor contract as stipulated in points d and e, clause 1 of this article, the employer is not required to provide prior notice to the employee.

To be specific:

- The employee is absent from work after the deadline specified in Article 31 of this code (specifically within 15 days from the expiration date of the temporary suspension of the labor contract, the employee must be present at the workplace).

- The employee leaves work voluntarily without a legitimate reason for 5 consecutive working days or more.

Thus, employees committing the above violations can have their contracts unilaterally terminated without prior notice. This is also considered the employer's right to unilaterally terminate the labor contract as per current regulations.

What salary amount requires payment through a bank account?

What is the salary amount that must be paid via a bank account (cannot be paid in cash)?

Answer: Article 96 of the Labor Code 2019 provides regulations on wage payment forms as follows:

The employer and employee agree on the form of wage payment based on time, product, or piece rates.

Wages can be paid in cash or through the employee's personal account opened at a bank.

In cases where wages are paid through the employee's personal account opened at a bank, the employer must cover fees related to opening the account and transferring wages.

Thus, the Labor Code does not specify any particular salary amount that requires payment via bank transfer (through the employee's personal account). The form of wage payment will be mutually agreed upon by both parties and is not bound by any legal regulation.

Can employees view their monthly payslips?

May I ask if, each month upon receiving their salary, we employees can view our payslips? I also want to check if the accountant has calculated correctly.

Answer: According to Article 95 of the Labor Code 2019 regarding wage payment, specifically:

- The employer pays the employee based on the agreed wage, labor productivity, and job performance quality.

- Wages stated in the labor contract and wages paid to employees must be in Vietnamese Dong; in the case of foreign employees working in Vietnam, it can be in foreign currency.

- Each time wages are paid, the employer must provide a wage statement to the employee, clearly indicating wages, overtime wages, wages for night work, deductions (if any).

Thus, based on the above regulation, each time wages are paid, the company must provide a wage statement to the employee. Therefore, you have the right to view your payslip.

Sincerely!