Is notice required upon termination of employment contracts in Vietnam?

Is notice required upon termination of employment contracts in Vietnam?

Article 45 of the 2019 Labor Code stipulates noticing termination of employment contracts, specifically as follows:

1. The employer shall send a written notice to the employee of the termination of his/her employment contract, except for the cases specified in Clauses 4, 5, 6, 7, 8 Article 34 of this Labor Code.

2. In case an employer that is not a natural person shuts down business operation, the date of termination of the employment contract is the same date of the notice of business shutdown.

In case the provincial business registration authority issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations according to Clause 7 Article 34 of this Labor Code, the date of termination of the employment contract is the same date of the notice.

Thus, in Vietnam, when terminating the employment contract between the company and you due to the expiration of the employment contract, the company must notify you in writing of such termination.

Is notice required upon termination of employment contracts in Vietnam? (Image from the Internet)

What is penalty for employers who do not specify the temporary transfer period as stated in the employment contract in Vietnam?

According to Article 10 of Decree 28/2020/ND-CP regulating violations of regulations on implementation of employment contracts:

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that commits an act of temporary transfer of an employee to another job position not specified in the employment contract without 3 days’ prior notice or clear notification of the duration of such temporary transfer, or placement of jobs not suitable to the employee’s health and gender.

2. Imposing fines ranging from VND 3,000,000 to VND 7,000,000 on employers that commit one of the following violations:

a) Placing employees in jobs at places other than the ones agreed in labor contracts, except for the cases specified in Article 31 in the Labor Code;

b) Refusing to give back work to employees after expiry of the period of temporary suspension of labor contracts, unless otherwise agreed upon between employers and employees;

c) Transferring employees to take up jobs other than those specified in labor contracts for improper reasons, for or in the incorrect duration, or without written consent from employees according to the provisions of law.

3. If employers coerce or maltreat employees to the extent of not being subject to criminal prosecutions, they will be fined from VND 50,000,000 to VND 75,000,000.

4. Relief and mitigative measures

Compelling employers committing the violations specified in point b of clause 2 of this Article to make payment of wages to employees during those days when they have not reinstated employees after the expiry of the period of temporary suspension of labor contracts.

According to this Article, when the employer does not clearly specify the temporary transfer period as stated in the contract, they may be fined from 1,000,000 to 3,000,000 VND.

Best regards!