I am currently working under a fixed-term labor contract with the company and now want to resign from that company. During the 30 days awaiting the company's resolution of my resignation, I took a 1-week sick leave (with a doctor's sick leave certificate). Will this sick leave period be counted towards the notice period for my resignation?
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Does sick leave count towards the notice period when quitting? - Illustration
Regarding this issue, the Editorial Board of THU KY LUAT provides the following clarification:
According to Article 37 of the Labor Code 2012, the employee has the right to unilaterally terminate the labor contract and must notify the employer in advance as follows:
- At least 3 working days if the employee:- Is not assigned work as agreed in the labor contract, the workplace is not as agreed or isn't provided with agreed working conditions;- Is not paid in full or paid on time as agreed in the labor contract;- Is maltreated, subjected to sexual harassment, or forced into labor;- The employee experiences illness or accident and has received treatment within the regulated period but has not recovered;- The employee or their family faces difficulties that prevent the continuation of the labor contract; Or is elected to perform dedicated duties in an elective body or is appointed to a position within the state apparatus if it is a seasonal or task-specific labor contract with a duration of less than 12 months.
- At least 30 days if it is a fixed-term labor contract;
- At least 45 days if it is an indefinite-term labor contract;
Additionally, Article 25 of the Social Insurance Law 2014 stipulates the conditions for sick leave benefits as follows:
1. Being sick or encountering an accident that is not a labor accident requiring leave and having certification from a competent medical establishment as prescribed by the Ministry of Health.
In cases of illness or accident requiring leave due to self-harm, intoxication, or the use of drugs or drug precursors as specified by the Government of Vietnam, sick leave benefits will not be granted.
2. Requiring leave to take care of a sick child under 7 years old and having certification from a competent medical establishment.
Therefore, it can be seen that if the employee is sick or has an accident requiring leave during the notice period before the actual termination of the contract (30 days) and has a medical certificate, they will still be entitled to sick leave benefits according to the Social Insurance Law. Additionally, the sick leave period (7 days) within the notice period before the actual termination of the contract (after 30 days) will still be counted towards the notice period when quitting because, during the notice period for unilateral termination of the labor contract, employees are still entitled to full employee benefits, including sick leave policies.
Ty Na
