Will Employees Receiving a Suspended Sentence Have Their Labor Contracts Terminated Under the New Law?

View Post in Vietnamese: >> NLĐ được hưởng án treo thì có bị chấm dứt HĐLĐ theo luật mới không?

Yes, my husband was recently given a first-instance sentence of 01 year for the crime of intentional injury and was granted a suspended sentence by the Court. Therefore, I would like to ask if under the new law, in a case like my husband's, his labor contract would automatically be terminated or not? Because his contract with the company is still valid.

Based on Clause 4, Article 34 of the Labor Code 2019, regulations on cases of termination of labor contracts are as follows:

- ...

- The employee is sentenced to imprisonment but does not receive a suspended sentence or is not in the case of being released according to the provisions of Clause 5, Article 328 of the Criminal Procedure Code, sentenced to death or is prohibited from performing the job stated in the labor contract according to the legally effective judgment or decision of the Court.

Thus, according to the above regulations, since your husband received a suspended sentence, he will not be automatically terminated from the labor contract in this case.

Respectfully!

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