How many days in advance upon unilateral termination of employment contracts must pilots notify in Vietnam?

How many days in advance upon unilateral termination of employment contracts must pilots notify in Vietnam?

Article 7 of Decree 145/2020/ND-CP stipulates prior notice period upon unilateral termination of employment contracts in special works and lines of business as follows:

Special works and lines of business and prior notice period upon unilateral termination of employment contracts prescribed in Point d Clause 1 Article 35 and Point d Clause 2 Article 36 of the Labor Code are elaborated as follows:

1. Special works and lines of business include:

a) Aircrew members; aircraft maintenance technicians, aviation repairmen; flight coordinators;

b) Enterprise managers defined by the Law on Enterprises; the Law on Management and use of State Investment in Enterprises;

c) Crewmembers working on Vietnamese vessels operating overseas; crewmembers dispatched to foreign vessels by Vietnamese dispatching agencies;

d) Other cases prescribed by law.

2. When an employee mentioned in Clause 1 of this Article or his/her employer unilaterally terminates the employment contract, a prior notice shall be provided:

a) At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;

b) At least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.

Thus, if you are a pilot who signs a 12-month employment contract when you unilaterally terminate the contract, you must give at least 120 days prior notice in accordance with the law in Vietnam.

Can pilots unilaterally terminate employment contracts without prior notice in Vietnam?

In Clause 2, Article 35 of the 2019 Labor Code, the right of an employee to unilaterally terminates the employment contract is as follows:

2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

d) is sexually harassed in the workplace;

dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

According to this Article, if you fall into the above cases, you are entitled to unilaterally terminate the employment contract without prior notice. Your case is unilaterally terminating the employment contract for personal reasons, so you must notify the employer in advance in accordance with the law in Vietnam.

What are cases of termination of an employment contract in Vietnam?

In Article 34 of the 2019 Labor Code, cases of termination of an employment contract are as follows:

1. The employment contract expires, except for the case specified in Clause 4 Article 177 of this Code.

2. The tasks stated in the employment contract have been completed.

3. Both parties agree to terminate the employment contract.

4. The employee is sentenced to imprisonment without being eligible for suspension or release as prescribed in Clause 5 Article 328 of the Criminal Procedure Code, capital punishment or is prohibited from performing the work stated in the employment contract by an effective verdict or judgment of the court.

5. The foreign employee working in Vietnam is expelled by an effective verdict or judgment of the court or a decision of a competent authority.

6. The employee dies; is declared by the court as a legally incapacitated person, missing or dead.

7. The employer that is a natural person dies; is declared by the court as a legally incapacitated person, missing or dead. The employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province (hereinafter referred to as “provincial business registration authority”) issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations.

8. The employee is dismissed for disciplinary reasons.

9. The employee unilaterally terminates the employment contract in accordance with Article 35 of this Code.

10. The employer unilaterally terminates the employment contract in accordance with Article 36 of this Code.

11. The employer allows the employee to resigns in accordance with Article 42 and Article 43 of this Code.

12. The work permit or a foreign employee expires according to Article 156 of this Labor Code.

13. The employee fails to perform his/her tasks during the probationary period under the employment contract or gives up the probation.

The above are cases of termination of an employment contract according to the provisions of law in Vietnam.

Best Regards!