If my company unilaterally terminates the labor contract illegally in Vietnam, do they have to pay severance allowance?
Please ask, my company unilaterally terminates the labor contract illegally with me, I am currently in the process of making complaints. In case my company terminates the contract illegally in Vietnam and I do not want to work anymore, will I be paid severance allowance?
Pursuant to Clause 2, Article 41 of the Labor Code 2019 stipulates obligations of the employer upon illegal unilateral termination of the employment contract as follows:
1. The employer that illegally unilaterally terminates an employment contract with an employee shall reinstate the employee in accordance with the original employment contract, and pay the salary, social insurance, health insurance and unemployment insurance premiums for the period during which the employee was not allowed to work, plus at least 02 months’ salary specified in the employment contract.
2. In case the employee does not wish to return to work, in addition to the compensation prescribed in Clause 1 of this Article, the employer shall pay a severance allowance in accordance with Article 46 of this Code in order to terminate the employment contract.
Thus, as you mentioned, in case the employer terminates the labor contract illegally in Vietnam and you do not want to continue working, the employer must pay you severance allowance according to the above-mentioned regulations.
Best Regards!
