7 cases where employees have the right to unilaterally terminate the employment contract without prior notice in Vietnam

7 cases where employees have the right to unilaterally terminate the employment contract without prior notice in Vietnam (Internet image)

Specifically, according to Clause 2, Article 35 of the Labor Code 2019, 7 cases where employees have the right to unilaterally terminate the employment contract without prior notice in Vietnam are as follows:

1. Is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases of reassignment of an employee against the employment contract in the event of sudden difficulties such as natural disasters, fire, major epidemics, implementation of preventive and remedial measures for occupational accidents or diseases, electricity and water supply failures, or for reasons of business and production demands

2. Is not paid adequately or on schedule, except for the case of a force majeure event in which the employer is unable to pay the employee on schedule after all remedial measures have been implemented.

3. Is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

4. Is sexually harassed in the workplace;

5. Is pregnant and has to stop working because there is a confirmation from a competent health facility which states that if she continues to work

6. Reaches the retirement age specified in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties; or

7. Finds that the employer fails to provide truthful information about the job, workplace, working conditions, working hours, rest periods, occupational safety and health, wage, forms of wage payment, social insurance, health insurance, unemployment insurance, regulations on business secret, technological know-how, and other issues directly related to the conclusion of the employment contract if requested by the employee. in a manner that affects the performance of the employment contract.

More details can be found in the Labor Code 2019 of Vietnam, which comes into force from January 1, 2021.

Hai Thanh

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