If two parties fail to reach an agreement on the revisions, can I terminate my employment contract in Vietnam?
If two parties fail to reach an agreement on the revisions, can I terminate my employment contract in Vietnam? Under what circumstances can an employee have the right to unilaterally terminate the employment contract without prior notice in Vietnam?
I have an additional agreement with the company in terms of bonus terms. However, the company does not agree, so can I unilaterally terminate the employment contract without prior notice?
1. If two parties fail to reach an agreement on the revisions, can I terminate my employment contract in Vietnam?
Pursuant to Article 33 of the Labor Code 2019 has the following provisions:
1. During the performance of an employment contract, any party who wishes to revise the employment contract shall notify the other party of the revisions at least 03 working days in advance.
2. In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.
3. In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.
Thus, if you cannot reach an agreement with the company on the addition of a employment contract, you must continue to perform the existing employment contract, not having the right to unilaterally terminate the employment contract in Vietnam.
2. Under what circumstances can an employee have the right to unilaterally terminate the employment contract without prior notice in Vietnam?
According to Clause 2, Article 35 of the Labor Code 2019, an employee is shall have the right to unilaterally terminate the employment contract without prior notice in the following cases:
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, you are only entitled to unilaterally terminate the employment contract without prior notice if it falls into the above cases in Vietnam.
Best Regards!
