Is it mandatory to write a resignation letter when resignation upon probation in Vietnam?

Is it mandatory to write a resignation letter when resignation upon probation in Vietnam?

Question: I would like to try out a customer service position for a cosmetics company. The probation period was 1 month, but due to family matters, I took an unexpected leave so I could go back to my hometown to work. On the day I resign, I just reported it via email and went to the company for a day to hand over the work, but today the HR woman called to tell me that I was in violation of not notifying the company in advance, now I have to write a resignation letter, only with confirmation from the head of the sales management department will I be given leave and paid for the 2 weeks I worked. Is that correct?

Reply:

Pursuant to the provisions of Clause 2, Article 27 of the 2019 Labor Code states:

2. During the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.

Thus, according to this regulation in Vietnam, canceling the probation contract of the employee during the probation period is completely their right, without any prior notice required as in case of a signed employment contract.

At the same time, this regulation and related regulations on probation do not contain any content that requires employees who want to resign during the probation period to write a resignation letter.

It is their right to notify the employer in any form, so your company forces you to re-write your resignation letter to end the probation period and pay for the days you worked is contrary to the above regulations in Vietnam.

Is it mandatory to write a resignation letter when resignation upon probation in Vietnam? (Image from the Internet)

How many days will an employee who leaves work without reason be dismissed in Vietnam?

Question: According to regulations, how many days will an employee who resigns work without reason be dismissed?

Reply:

At Point e, Clause 1, Article 36 of the 2019 Labor Code, it is stipulated:

e) The employee is not present at work without acceptable excuses for at least 05 consecutive working days;

And in Clause 4, Article 125 of the 2019 Labor Code, there are also regulations on dismissal for disciplinary reasons:

4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

Thus, if an employee resigns their job in one of the two cases mentioned above, their employment contract will be unilaterally terminated or they will be dismissed.

How long does it take to pay salaries after termination of employment contracts in Vietnam?

Question: I resign on April 1. The company told me to come get my March salary when they text me. So far, it still hasn't arrived. So let me ask, is it legal for the company to not pay me for so long?

Reply:

Clause 1, Article 48 of the 2019 Labor Code stipulates within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:

a) Shutdown of business operation of the employer that is not a natural person;

b) Changes in the organizational structure, technology or changes due to economic reasons;

...

Thus, in normal cases, the parties have 14 working days to fully pay all amounts related to each party's rights from the date of termination of the employment contract in Vietnam.

If the date of termination of your employment contract is April 1, the company has not yet paid your March salary for 14 days and still complies with the above regulations in Vietnam.

Best regards!