Vietnam: Special works and lines of business required prior notice period upon unilateral termination of employment contracts

16:20, 18/12/2020

Recently, the Government of Vietnam has issued the Decree No. 145/2020/NĐ-CP guilding the Labor Code of Vietnam on working conditions and labor relations.

Vietnam: Regulation on preparation, update, management and use of employee books

báo trước khi đơn phương chấm dứt HĐLĐ, Nghị định 145/2020/NĐ-CP

According to Article 7 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, special works and lines of business and prior notice period upon unilateral termination of employment contracts prescribed in Point d Clause 1 Article 35 and Point d Clause 2 Article 36 of the Labor Code of Vietnam are elaborated as follows:

1. Special works and lines of business include:

- Aircrew members; aircraft maintenance technicians, aviation repairmen; flight coordinators;

- Enterprise managers defined by the Law on Enterprises; the Law on Management and use of State Investment in Enterprises;

- Crewmembers working on Vietnamese vessels operating overseas; crewmembers dispatched to foreign vessels by Vietnamese dispatching agencies;

d) Other cases prescribed by law.

2. When an employee mentioned in section 1 or his/her employer unilaterally terminates the employment contract, a prior notice shall be provided:

- At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;

- At least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.

View more details at the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Thuy Tram

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