What is the time limit for an employer to notify an employee when unilaterally terminating a labor contract in Vietnam?

What are cases in which an employer has the right to unilaterally terminates the employment contract in Vietnam?

Pursuant to Clause 1 Article 36 of the Labor Code in 2019, an employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:

- The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any);

- The employee is sick or has an accident and remains unable to work after having received treatment for a period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration of the contract in case of an employment contract with a fixed term of less than 12 months.

Upon recovery, the employer may consider concluding another employment contract with the employee;

- In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing requested by a competent authority, the employer has to lay off employees after all possibilities have been exhausted;

- The employee is not present at the workplace after the time limit specified in Article 31 of the Labor Code in 2019;

- The employee reaches the retirement age specified in Article 169 of the Labor Code in 2019, unless otherwise agreed by the parties;

- The employee is not present at work without acceptable excuses for at least 05 consecutive working days;

- The employee fails to provide truthful information during the conclusion of the employment contract in accordance with Clause 2 Article 16 of the Labor Code in 2019 in a manner that affects the recruitment. 

What is the time limit for an employer to notify an employee when unilaterally terminating a labor contract in Vietnam? - Source: Internet

What is the time limit for an employer to notify an employee when unilaterally terminating a labor contract in Vietnam?

Pursuant to Clause 2 Article 36 of the Labor Code in 2019 stipulating the right of an employer to unilaterally terminates the employment contract as follows:

The right of an employer to unilaterally terminates the employment contract

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2. When unilaterally terminating the employment contract in any of the cases specified in Point a, b, c, dd and g Clause 1 of this Article, the employer shall inform the employee in advance:

a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in the case of an employment contract with a fixed term of less than 12 months and in the cases stipulated in Point b Clause 1 of this Article;

d) The notice period in certain fields and jobs shall be specified by the government.

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As regulations above, when unilaterally terminating the employment contract, the employer shall inform the employee in advance:

- at least 45 days in case of an indefinite-term employment contract;

- at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

- at least 03 working days in the following cases:

+ An employment contract with a fixed term of less than 12 months

+ The employee is sick or has an accident and remains unable to work after having received treatment for a period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration of the contract in case of an employment contract with a fixed term of less than 12 months.

- The notice period in certain fields and jobs shall be specified by the government.

What are cases in which an employer doesn't have the right to unilaterally terminates the employment contract in Vietnam?

Pursuant to Article 37 of the Labor Code in 2019 stipulating cases in which an employer is prohibited from unilaterally terminating an employment contract as follows:

Cases in which an employer is prohibited from unilaterally terminating an employment contract

1. The employee is suffering from an illness or work accident, occupational disease and is being treated or nursed under the decision of a competent health institution, except for the cases stipulated in Point b Clause 1 Article 36 of this Labor Code.

2. The employee is on annual leave, personal leave, or any other types of leave permitted by the employer.

3. The employee is pregnant, on maternal leave or raising a child under 12 months of age.

Therefore, an employer is not allowed to exercise the right to unilaterally terminate a labor contract in the following cases:

- In the case of an employee who is sick or injured, occupational disease, is under treatment, and is recuperating as prescribed by a competent medical institution. Except for the following cases:

+ An employee who has been sick or injured for 12 consecutive months for those working under an indefinite-term labor contract.

+ An employee who has been sick or injured for 6 consecutive months for those working under a fixed-term labor contract with a term of 12 to 36 months.

+ An employee who has been sick or injured for more than half the term of the labor contract for those working under a fixed-term labor contract with a term of less than 12 months and whose ability to work has not yet recovered.

- An employee who is on annual leave, leave of absence, or other leave approved by the employer.

- A pregnant woman; an employee who is on maternity leave or breastfeeding a child under 12 months of age.

Best regards!