Is it allowed to force an employee to resign without prior notice in Vietnam?

Is it allowed to force an employee to resign without prior notice in Vietnam?

My employment contract is indefinite. According to the law, if I want to resign, I must give a 45-day notice and I will be allowed to resign after 45 days. Currently, I have informed the company that I will leave after 45 days. However, the company insists that I should resign immediately. They do not accept the 45-day notice. I am not ready to resign immediately; I want to follow the law. Is the company correct in this case?

Answer:

Pursuant to Clause 1.a Article 35 of the Labor Code in 2019 stipulating as follows:

1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

a) at least 45 days in case of an indefinite-term employment contract;

...

Therefore, in your case, according to regulations, if you want to resign, you must give the company at least a 45-day notice.

Both parties have the right to mutually agree on immediate resignation without prior notice.

However, in this case, the company wants you to resign immediately but you do not want to. Since both parties have not reached an agreement, the legal provisions must be applied.

The company does not have the right to force you to resign immediately.

Is it allowed to force an employee to resign without prior notice in Vietnam? - Image from Internet

Is it possible to receive full pay when taking a leave of absence for medical examination in Vietnam?

I have been feeling unwell recently, so I would like to request a day off from to seek medical examination. In this case, will I be entitled to receive fully paid day off?

Answer:

Pursuant to Clause 1 Article 115 of the Labor Code in 2019, an employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:

- Marriage: 03 days;

- Marriage of his/her biological child or adopted child: 01 day;

- Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.

According to the above regulations, taking leave for a medical examination is not a reason to receive a fully paid day off. Therefore, when you request leave for this purpose, you will not be entitled to receive full pay for that day.

However, if you are sick or in pain and need to take leave for medical treatment, you may be eligible for sick leave benefits provided by social insurance (if you participate in social insurance as required by law).

Can I take leave during the period of submitting a resignation letter in Vietnam?

I have a fixed-term employment contract with the company. Recently, I submitted a resignation letter to inform the company that I will resign on November 20th. The company agreed that my employment contract will be terminated at the end of December. During this period, am I allowed to take leave? I still have 9 days of annual leave remaining.

Answer:

Pursuant to Clause 1 Article 113 of the Labor Code in 2019 stipulating annual leave as follows:

Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:

- 12 working days for employees who work in normal working conditions;

- 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;

- 16 working days for employees who do highly laborious, toxic or dangerous works.

As regulations above, an employee who has worked for 12 months is entitled to annual leave and full pay according to the employment contract. Additionally, in the case where you have submitted a resignation letter and the employment contract will be terminated on December 31st, you are still an employee of the company as you have the right to enjoy the benefits outlined in the employment contract, including annual leave.

Since you still have 9 days of annual leave remaining, you have the right to request leave during this period. However, it is important to take note of the company's policies and procedures regarding requesting leave.

Best regards!