Unauthorized Leave Without Prior Notice: Is Salary Withheld?

According to the information you provided, while working at the company you had a labor contract and because you did not find the job suitable, you quit without prior notice to the company.

Firstly, in this case, you have unilaterally terminated the contract with the company by quitting without notice, as specified in Article 37 of the Labor Code 2012 as follows:

- When unilaterally terminating the labor contract as prescribed in Clause 1 of this Article, the employee must notify the employer in advance:

a) At least 3 working days for cases specified at points a, b, c, and g, Clause 1 of this Article;

b) At least 30 days for fixed-term labor contracts; at least 3 working days for seasonal labor contracts or for a specific job with a term of less than 12 months for cases specified at points d and dd, Clause 1 of this Article;

c) For the case specified at point e, Clause 1 of this Article, the notice period to the employer shall comply with the period specified in Article 156 of this Code.

- An employee working under an indefinite-term labor contract has the right to unilaterally terminate the labor contract but must notify the employer at least 45 days in advance, except for the cases provided for in Article 156 of this Code.

=> Thus, since you signed a labor contract with the company, you must notify the employer in advance before quitting your job.

Secondly, your unauthorized quitting without prior notice is a case of unlawful unilateral termination of the labor contract:

- Unlawful unilateral termination of the labor contract includes cases of termination that are not in conformity with Articles 37, 38, and 39 of this Code.

Additionally, Article 43 of the Labor Code 2012 stipulates the handling of unlawful unilateral termination of the labor contract by the employee:

- No severance allowance and must compensate the employer half a month’s salary according to the labor contract.

- If the notice period is violated, compensation must be paid to the employer equivalent to the employee's salary for the days not notified in advance.

- Training costs must be reimbursed to the employer as prescribed in Article 62 of the Labor Code.

=> Thus, when you unlawfully terminate the contract with the company, you must compensate the company with half a month's salary according to the labor contract, along with an amount equivalent to your salary for the days not notified in advance. The company is only entitled to retain a portion of the salary equivalent to these amounts, and any remaining salary must be paid back to you.

The editorial staff responds to you with this information.