Do companies have to pay compensation for illegal dismissal in Vietnam? If I haven't finished my annual leave, can I reclaim my money if I'm dismissed in Vietnam?

If I haven't finished my annual leave, can I reclaim my money if I'm dismissed in Vietnam?

I would like to ask a lawyer, in case an employee of our company commits a violation to the point of being fired but that person's annual leave days have not been used during the year, will my company have to pay them?

Answer: Pursuant to the provisions of Article 125 of the 2019 Labor Code, the employer is allowed to dismiss the employee when the employee violates in 4 cases.

If I am fired without completing my annual leave, can I get my money back?

According to the provisions of Clause 3, Article 113 of the 2019 Labor Code:

3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.

Thus, according to this regulation in Vietnam, when an employee resigns his job without taking annual leave or has not taken all his vacation days, the company must pay the employee for the days he or she has not taken off. In the case of termination here, there is no distinction between the employee resigning his job due to unilateral termination of the contract, termination by agreement or termination due to dismissal. Therefore, the company still has to ensure the rights of employees when they take time off.

Do companies have to pay compensation for illegal dismissal in Vietnam?

The company signed a contract with an indefinite term but kept making trouble and threatened to dismiss me. So let me ask, if the company dismisses me , will the company compensate for my labor contract? Thank you.

Answer: Article 125 of the 2019 Labor Code stipulates:

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

Thus, the company is not allowed to dismiss employees without the above grounds in Vietnam.

According to your description, the company tried to dismiss you without knowing the reason here? If the company dismisses in accordance with the above regulations, the company is obliged to compensate according to Article 41 of the 2019 Labor Code.

Do companies have to pay compensation for illegal dismissal in Vietnam? If I haven't finished my annual leave, can I reclaim my money if I'm dismissed in Vietnam? (Image from the Internet)

Can company regulate the case of employees being dismissed in Vietnam? 

Article 125 of the 2019 Labor Code stipulates that there are 4 cases in which employers can fire employees when they commit violations. So in addition to those cases, if the company has a number of other cases where employees violate the rules and are considered serious, can they be further regulated in the internal labor regulations to apply to their company?

Answer: Pursuant to the provisions of Article 125 of the 2019 Labor Code:

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

This regulation must be understood as meaning that employers are only allowed to dismiss employees when they violate one of four legal cases in Vietnam. In addition to these four cases, the law does not allow employers to arbitrarily stipulate any additional violations to dismiss employees even though the violations may be serious.

Best regards!