Sample Resignation Letter After Tet Holiday? How Many Days' Notice is Required for Resignation?

Sample Resignation Letter After Tet?

You can refer to the sample resignation letter after Tet here.

Note: The above resignation letter sample is for reference only. Workers can adjust the content of the resignation letter to suit their actual circumstances.

How Many Days' Notice Is Required Before Resignation?

Article 35 of the 2019 Labor Code stipulates the rights of employees to unilaterally terminate labor contracts as follows:

Employee's Right to Unilaterally Terminate Labor Contract

1. Employees have the right to unilaterally terminate labor contracts but must notify the employer in advance as follows:

a) At least 45 days if working under an indefinite-term labor contract;

b) At least 30 days if working under a definite-term labor contract with a term of 12 to 36 months;

c) At least 03 working days if working under a definite-term labor contract with a term of less than 12 months;

d) For some specific industries, occupations, or jobs, the notice period is regulated by the Government of Vietnam.

Article 7 of Decree 145/2020/ND-CP specifies the notice period for unilaterally terminating labor contracts for some specific industries, occupations, or jobs as follows:

Notice Period for Unilaterally Terminating Labor Contracts for Specific Industries, Occupations, or Jobs

Specific industries, occupations, jobs, and the notice period for unilaterally terminating labor contracts are stipulated at point d, clause 1, Article 35, and point d, clause 2, Article 36 of the Labor Code as follows:

1. Specific industries, occupations, jobs include:

a) Members of aircraft crews; technical maintenance staff of aircraft, specialized aviation repair staff; flight operation, and exploitation staff;

b) Business managers as per the Law on Enterprises; Law on Management and Utilization of State Capital Invested in Business and Manufacturing Activities at enterprises;

c) Crew members working on Vietnamese ships operating abroad; crew members rented by Vietnamese enterprises to work on foreign ships;

d) Other cases as prescribed by law.

2. When employees working in industries, occupations, jobs specified in clause 1 of this Article unilaterally terminate labor contracts, or the employer unilaterally terminates labor contracts with these employees, the notice period is as follows:

a) At least 120 days for indefinite-term labor contracts or definite-term labor contracts of 12 months or more;

b) At least one-quarter of the term of the labor contract for definite-term labor contracts with a term of less than 12 months.

Thus, when resigning, the notice period for the employee is as follows:

- Indefinite-term labor contract: at least 45 days' notice.

- Definite-term labor contract with a term of 12 to 36 months: at least 30 days' notice.

- Definite-term labor contract with a term of less than 12 months: at least 03 working days' notice.

For employees working in specific industries, occupations, jobs according to clause 1, Article 7 of Decree 145/2020/ND-CP:

- Indefinite-term labor contracts or definite-term labor contracts with a term of 12 to 36 months: at least 120 days' notice.

- Definite-term labor contracts with a term of less than 12 months: at least one-quarter of the term of the contract.

Sample Resignation Letter After Tet? How Many Days' Notice Is Required Before Resignation? (Image from the Internet)

Under What Circumstances Is an Employee Entitled to Paid Leave for Personal Reasons?

Article 115 of the 2019 Labor Code regulates personal leave and unpaid leave as follows:

Personal Leave, Unpaid Leave

1. Employees are entitled to personal leave with full pay and must notify the employer in the following cases:

a) Marriage: 03 days' leave;

b) Biological or adopted child's marriage: 01 day's leave;

c) Death of biological or adoptive parents; biological or adoptive parents of a spouse; spouse; biological or adopted children: 03 days' leave.

2. Employees are entitled to 01 day's unpaid leave and must notify the employer in the cases of the death of grandparents, siblings; a parent remarrying; siblings getting married.

3. Besides the regulations in clauses 1 and 2 of this Article, employees can negotiate with employers for unpaid leave.

Thus, employees are entitled to paid leave for personal reasons as follows:

- Marriage: 03 days' leave;

- Biological or adopted child's marriage: 01 day's leave;

- Death of biological or adoptive parents; biological or adoptive parents of a spouse; spouse; biological or adopted children: 03 days' leave.

Sincerely!