Draft of the Labor Code 2017
The Draft of the Labor Code 2017 is currently being reviewed and solicited for feedback, with an anticipated implementation date of January 01, 2018. Regarding the rights of workers, the draft presents two options concerning the unilateral termination of labor contracts by employees, one of which allows employees to unilaterally terminate a labor contract without providing a reason.
Article table of contents
Employees have the right to terminate the employment contract at any time, for any reason, provided they give the required notice period (to create opportunities for employees to seek better jobs and to prevent and eliminate forced labor).
Employees have the right to unilaterally terminate the employment contract at any time, provided they give advance notice as follows:
- At least 45 days for employees working under an indefinite-term labor contract;- At least 30 days for employees working under a definite-term labor contract;- At least 05 working days for employees working under a seasonal labor contract.
Additionally, employees are not required to give advance notice in the following cases:
- The employee is not assigned to the correct job or workplace or is not ensured the working conditions as agreed upon by the parties;- The employee is not paid adequately or on time as agreed upon by the parties;- The employee is mistreated, sexually harassed, or coerced into labor;- A pregnant female employee must cease work as prescribed by a competent medical establishment.
Thus, if this proposal is approved, it will ensure better protection for the rights of employees compared to the current regulations (which require a reason + notice period).
Additionally, the Draft Labor Code 2017 also amends and supplements many other contents such as:
- Increasing overtime hours;- Providing at least 60 minutes daily break for meals.- One day off with full salary for the biological father or mother’s wedding.
