Do I have to pay compensation if I voluntarily resign my job in Vietnam? Will I have to pay compensation if I voluntarily resign my job while on probation in Vietnam?

Will I have to pay compensation if I voluntarily resign my job while on probation in Vietnam?

I just graduated and applied for a job at a company. Signed a two-month probationary contract, salary 5 million/month. I worked for half a month, but due to work pressure, I voluntarily resign without telling anyone. Can I ask if I have to compensate the company? Is it not specified in the contract? And will I receive a half-monthly salary as agreed in the contract? Thanks for your advice. It's been 2 days since I resign my job and I haven't heard any news from the company.

Answer: According to the provisions of Clause 2, Article 27 of the 2019 Labor Code, it is stipulated:

2. During the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.

Thus, labor law allows parties to have the right to cancel the signed probationary contract without prior notice and without compensation in Vietnam. So in this case, you quit your job without notice and without compensation.

The Labor Code does not specifically stipulate in this case whether or not the employer is responsible for paying wages to employees who voluntarily quit during the probationary period. Therefore, the parties rely on the agreed probationary contract. If there is no other agreement, the employer must pay the full salary to the employee for the days they have worked according to the agreed salary in Vietnam.

Therefore, you should rely on the probationary contract to know whether your case will be paid or not.

Do I have to pay compensation if I voluntarily resign my job in Vietnam? Will I have to pay compensation if I voluntarily resign my job while on probation in Vietnam? (Image from the Internet)

If a company delays salary payment for 10 days, does it have to compensate employees in Vietnam?

Normally, I will receive salary on the 1st of the month (as stipulated in the labor contract), but now it is 10 days late. So can I be compensated by the company for late salary payment interest? The company replied that due to difficulties at the end of the year, the payment was delayed.

Answer: According to Clause 1, Article 94 of the 2019 Labor Code, regulations on salary payment rules are as follows:

1. Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee.

2. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.

Thus, businesses must be responsible for paying salaries to employees on time according to labor contracts in Vỉtnam.

And in Clause 4, Article 97 of the 2019 Labor Code, the salary payment period is stipulated as follows:

4. In case of a force majeure event in which the employer is unable to pay the employee on schedule after all remedial measures have been implemented, the salary shall be paid within 30 days. In case a salary is paid at least 15 days behind schedule, the employer shall pay the employee a compensation that is worth at least the interest on the amount paid behind schedule at the latest 1-month interest rate quoted by the bank at which the employee’s salary account is opened.

Thus, if due to force majeure reasons, all remedies have been sought but salaries cannot be paid on time, it must not be delayed more than 30 days. And if salaries are paid late for 15 days or more, an additional amount of money must be paid to the employee.

Therefore, if the company is in a situation where due to force majeure reasons it delays paying wages for 10 days, it does not have to compensate or pay any additional money to the employee.

If a company delays salary payment for 10 days, does it have to compensate employees in Vietnam?

I signed a fixed-term contract with the company. However, recently I got bored with work. If I resign my job, do I have to compensate the company?

Answer: According to the provisions of Point b, Clause 1, Article 35 of the 2019 Labor Code, the employee has the right to unilaterally terminate the contract but must notify the employer at least 30 days in advance for fixed contracts. 

Article 40 of the 2019 Labor Code stipulates the obligations of the employee upon illegal unilateral termination of the employment contract as follows:

The employee who illegally unilaterally terminates his/her employment contract shall:

1. Not receive the severance allowance.

2. Pay the employer a compensation that is worth his/her half a month’s salary plus (+) an amount equal to his/her salary for the remaining notice period from the termination date.

3. The employee shall reimburse the employer with the training costs in accordance with Article 62 of this Code.

Therefore, in this case, if you resign unilaterally in Vietnam, it means unilaterally terminating the labor contract illegally, you will not receive severance pay, and must compensate the employer for half a month's salary according to the contract and an amount corresponding to the salary according to the labor contract for days without prior notice. At the same time, training costs (if any) must be reimbursed.

Best regards!