How Much Compensation Is Required for Unilateral Termination of Employment without Notice?

In Clause 1, Article 35 of the 2019 Labor Code, it is stipulated the right of the employee to unilaterally terminate the labor contract as follows:

The employee has the right to unilaterally terminate the labor contract but must give prior notice to the employer as follows:

- At least 45 days if working under an indefinite term labor contract;

- At least 30 days if working under a definite term labor contract with a duration from 12 to 36 months;

- At least 03 working days if working under a definite term labor contract with a duration of less than 12 months;

- For certain industries, professions, specific jobs, the notice period shall be implemented as prescribed by the Government of Vietnam.

Therefore, if you resign - terminate the labor contract without prior notice to the company, you have violated the notice period which is considered an unlawful unilateral termination of the labor contract.

Article 40 of this Code stipulates the obligations of the employee when unilaterally terminating the labor contract unlawfully:

- Not entitled to severance allowance.

- Must compensate the employer half a month's salary under the labor contract and an amount equivalent to the salary under the labor contract for the days without prior notice.

- Must reimburse the employer for training expenses prescribed in Article 62 of this Code.

As such, the amount you must compensate includes half a month's salary under the labor contract plus the salary for the days without prior notice. You should base on these regulations to comply accordingly.

Sincerely!