Cases of suspension of an employment contract in Vietnam

Cases of suspension of an employment contract in Vietnam (Internet image)

1. What is an employment contract?

According to Article 13 of the Labor Code 2019, an employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.

A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.

2. Cases of suspension of an employment contract in Vietnam

Cases of suspension of an employment contract under Clause 1, Article 30 of the Labor Code 2019 include:

- The employee is conscripted into the army or militia;

- The employee is held in custody or detention in accordance with the criminal procedure law;

- The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;

- The female employee is pregnant as specified in Article 138 of this Code;

- The employee is designated as the executive of a wholly state-owned single-member limited liability company;

- The employee is authorized to representative the state investment in another enterprise;

- The employee is authorized to represent the enterprise’s investment in another enterprise;

- Other circumstances as agreed by both parties.

* Note:

- During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.

- Within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.

(Clause 2, Article 30, 31 of the Labor Code 2019)

3. The right of pregnant female employees to suspend their employment contracts in Vietnam

Article 138 of the Labor Code 2019 provides for the right to suspend labor contracts of pregnant female employees as follows:

- Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.

In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility shall be submitted to the employer.

- In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not be shorter than the period specified by the health facility.

If the rest period is not specified by the health facility, both parties shall negotiate the suspension period.

Van Trong

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