Resignation Upon Expiration of Employment Contract: Is Prior Notice to the Company Required?

According to Clause 1, Article 36 of the Labor Code 2012, the expiration of a labor contract is one of the conditions for terminating the labor contract, so the employee is not required to provide prior notice, as this responsibility belongs to the employer per Article 47 of the Labor Code 2012, specifically:

1. At least 15 days before the expiration date of the fixed-term labor contract, the employer must notify the employee in writing of the termination date of the labor contract.

2. Within 07 working days from the date of termination of the labor contract, both parties are responsible for fully settling matters related to each party's benefits; in special cases, the period may be extended but not beyond 30 days.

3. The employer is responsible for completing the formalities for confirming and returning the social insurance book and other documents retained from the employee.

4. In case the enterprise or cooperative ceases operation, is dissolved, or goes bankrupt, wages, severance allowances, social insurance, health insurance, unemployment insurance, and other benefits of the employee under the collective labor agreement and signed labor contract shall be prioritized for settlement.

However, if after the contract expires, the employee continues to work and both parties do not agree to sign a new labor contract, it will be resolved according to Article 22 of the Labor Code 2012:

1. The labor contract must be concluded in one of the following types:

a) An indefinite-term labor contract;

An indefinite-term labor contract is a contract in which both parties do not specify the duration and the time of termination of the contract's validity.

b) A definite-term labor contract;

A definite-term labor contract is a contract in which both parties specify the duration and the time of termination of the contract's validity within a period of at least 12 months to 36 months.

c) A seasonal labor contract or for a specific job with a duration of less than 12 months.

2. When the labor contract prescribed in point b and point c, clause 1 of this Article expires and the employee continues to work, both parties must sign a new labor contract within 30 days from the date the labor contract expires; if no new labor contract is signed, the contract concluded in accordance with point b, clause 1 of this Article becomes an indefinite-term labor contract, and the contract concluded under point c, clause 1 of this Article becomes a definite-term labor contract with a term of 24 months.

In the case where both parties sign a new labor contract that is a definite-term contract, it can only be signed once more; after which, if the employee continues to work, an indefinite-term labor contract must be signed.

3. No seasonal labor contract or labor contract for certain jobs with a term of less than 12 months shall be concluded for works of a regular nature for 12 months or more, except in cases where it is necessary to temporarily replace workers on military service, maternity leave, illness, work-related accidents, or other temporary leave.

The editorial board informs you!

Sincerely!