Hanoi-Vietnam: What are the obligations of employees unilaterally terminating the employment contract?

Clause 3 Article 37 and Article 156 of the Labor Code 2012 stipulate that an employee working under an indefinite-term employment contract in Vietnam has the right to unilaterally terminate the employment contract, but he/she must notify the employer at least 45 days in advance, except in cases where a pregnant employee has a certificate of a competent health establishment which states that continued work will adversely affect her pregnancy.

Under Article 43 and Article 62 of the Labor Code, the obligations of employees illegally unilaterally terminating the employment contract include: 1. The employee will be entitled to a severance allowance and to compensate the employer half of a month’s wage in accordance with the labor contract; 2. If violating the provision on the time of prior notice, to compensate the employer an amount equivalent to the employee’s wage for working days without prior notice; 3. The employee must reimburse the employer for the training costs that are those accompanied by valid documents on payment for trainers, training materials, training venues, machinery and equipment, practicing materials, support for learners and wages and social insurance and health insurance premiums paid for learners during the training. In case an employee is sent to a foreign country for training, training expenses also include travel and living expenses during the period of overseas stay.

Thus, based on the aforementioned regulations and the information provided by you, you are working at the company under an indefinite-term employment contract and are not in a case where you do not have the right to terminate the employment contract. Therefore, you can unilaterally terminate the employment contract and must notify the employer at least 45 days in advance. If you terminate the employment contract improperly, you will not be entitled to severance allowance and will have to compensate the company half a month's salary according to the employment contract. Additionally, you will have to compensate the company an amount equivalent to your salary for the days not notified in advance and reimburse the company for training costs as stipulated by the law.

Dr. - Lawyer Vu Thai Ha

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE