07 Cases in Which Employees in Vietnam Have the Right to Unilaterally Terminate Employment Contracts

Duy Thinh

10:01, 11/07/2024

Employees in Vietnam are entitled to unilaterally terminate their employment contracts without the employer's consent if they fall into any of the cases stated in this article.

For fixed-term employment contracts, seasonal contracts, or specific jobs with a term of less than 12 months in Vietnam

No	Case	Notice period to the company
1	Not being assigned the correct job or workplace, or not being provided with the agreed working conditions as stipulated in the employment contract	At least 3 working days in advance
2	Not being paid in full or on time as agreed in the employment contract
3	Being beaten or verbally abused by the employer, or actions affecting health, dignity, honor, or forced labor; being sexually harassed at the workplace
4	The employee has been continuously treated for sickness or accident for 90 days for those working under a fixed-term contract, and a quarter of the contract term for those working under a seasonal contract or specific job with a term of less than 12 months without recovery of working capacity
5	The employee encounters difficult personal situations such as: Taking leave to care for a sick or injured spouse, biological parent, spouse's parent, child, or adopted child; Going abroad to live or work; Family difficulties caused by natural disasters, fire, enemy-inflicted destruction, epidemic, or relocation where the employee has taken all measures but cannot continue to perform the employment contract.	At least 30 days in advance for fixed-term contracts; at least 3 working days for seasonal contracts or specific jobs with a term of less than 12 months
6	Being elected to perform special tasks at elected agencies or being appointed to hold a position in the state apparatus
7	Female employees pregnant needing leave as per the decision of a competent health care facility	Depending on the duration stipulated by the competent health care facility

For indefinite-term employment contracts in Vietnam

In this case, the employee has the right to unilaterally terminate the employment contract, but he/she must notify the employer at least 45 days in advance, except for the cases regulated in Article 156 of the 2012 Labor Code.

Legal basis:

Article 37 of the 2012 Labor Code;

Article 11 of the Decree 05/2015/ND-CP.

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