Resigning Immediately after the Hung Kings' Festival: Is it Conformable? In Which Cases Is It Permissible to Resign Without Prior Notice?
Is Quitting Without Notice After the Hung Kings' Festival Conformable?
According to Clause 1, Article 35 of the 2019 Labor Code, the following is stipulated:
- Employees have the right to unilaterally terminate the labor contract but must give prior notice to the employer as follows:
a) At least 45 days if working under a labor contract with an indefinite term;
b) At least 30 days if working under a labor contract with a definite term ranging from 12 to 36 months;
c) At least 3 working days if working under a labor contract with a definite term of less than 12 months;
d) For certain specialized industries, professions, or jobs, the notice period shall be governed by regulations of the Government of Vietnam.
Therefore, in your case, wanting to quit immediately after the festival without prior notice is not in compliance with legal regulations. You need to notify your employer in advance based on the type of contract you have signed.
In Which Cases Can You Quit Without Prior Notice?
According to Clause 2, Article 35 of the 2019 Labor Code, the following is stipulated:
- Employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:
a) The employee is not assigned the correct job, working location, or not provided with the agreed working conditions, except for the cases stipulated in Article 29 of this Code;
b) The employee is not paid in full or on time, except for the cases stipulated in Clause 4, Article 97 of this Code;
c) The employee is mistreated, beaten, or has insulting words or actions directed at them that affect their health, dignity, or honor; or if they are forced to work;
d) The employee is sexually harassed at the workplace;
e) The female employee is pregnant and must take leave as stipulated in Clause 1, Article 138 of this Code;
f) The employee reaches the retirement age as stipulated in Article 169 of this Code, except where otherwise agreed by the parties;
g) The employer provides dishonest information according to Clause 1, Article 16 of this Code that affects the implementation of the labor contract.
Thus, if falling under the above-specified cases, employees have the right to quit without prior notice to the employer.
Respectfully!
