Guidance on Handling Employees Who Voluntarily Abandon Their Jobs
Section 3, Article 126 of the 2012 Labor Code stipulates that the form of disciplinary action for dismissal is applied by the employer in the following cases:
The employee leaves work voluntarily for 05 cumulative days in a month or 20 cumulative days in a year without plausible reasons.
Article 30 of Decree 05/2015/ND-CP stipulates:
The procedure for handling labor discipline in Article 123 of the Labor Code is prescribed as follows:
- The employer sends a written notice of the meeting to address the labor disciplinary action to the Executive Committee of the grassroots trade union or the Executive Committee of the higher-level trade union where the grassroots trade union has not been established, the employee, and the parents or legal representatives of the employee under 18 years old at least 5 working days before conducting the meeting.
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Thus, in the aforementioned case, the company has the right to dismiss the employee and the company must send a written notice of the meeting to address the labor disciplinary action to the Executive Committee of the higher-level trade union, as the grassroots trade union has not been established.
Additionally, for a simpler procedure, the company can agree to draft a document terminating the labor contract.
Respectfully!
