This continues to be one of the noteworthy contents proposed for amendments and supplements in the Draft Revised Labor Code currently being solicited for public feedback by the Ministry of Labor, War Invalids and Social Affairs.
Article table of contents
Employees have the right to unilaterally terminate the labor contract without any reason
To be specific, Article 35 of the Draft stipulates the Employee's right to unilaterally terminate the labor contract, providing two options for consultation.
Option 01: The employee has the right to unilaterally terminate the labor contract without any reason, provided the notice period is fulfilled.
The employee has the right to unilaterally terminate the labor contract with prior notice:
- At least 45 days if working under an indefinite-term labor contract.- At least 30 days if working under a definite-term labor contract with a term of 01 month or more.- At least 03 working days if working under a definite-term labor contract with a term of less than 01 month.
The employee does not need to give prior notice as stipulated above in the following cases:
- The employee is not assigned the agreed-upon work or workplace or is not ensured working conditions as agreed.- The employee is not paid the full salary or salary is not paid on time as agreed between the parties.- The employee is mistreated, sexually harassed, or forced to work.- Female employees who are pregnant must take leave according to the instructions of a competent medical facility.
Note: The employee must give a longer notice period than stipulated above for certain industries, special jobs as regulated by the Government of Vietnam.
Thus, if Option 01 is approved, employees will be able to unilaterally terminate the labor contract before the term with the employer without the current mandatory reason, just by complying with the notice period.
Option 2: Retain the current regulations. Employees have the right to unilaterally terminate the labor contract before the term but must have a reason and must comply with the notice period as stipulated.
1. Employees working under a definite-term labor contract have the right to unilaterally terminate the labor contract before the term in the following cases:
a) Not assigned the agreed-upon work, workplace or ensured working conditions as agreed in the labor contract;b) Not paid the full salary or salary not paid on time as agreed in the labor contract;c) Mistreatment, sexual harassment, forced labor;d) Personal or family hardship preventing the continuation of the labor contract;e) Female employees who are pregnant must take leave according to the instructions of a competent medical facility;g) Employees being sick, injured due to labor accidents have undergone treatment for 90 days for those working under a definite-term labor contract and a quarter of the contract term for those working under a definite-term labor contract but the working capacity has not recovered.
e) Elected to a full-time position in an elected body or appointed to hold a position in the state machinery;
2. When unilaterally terminating the labor contract as stipulated in Clause 1 of this Article, the employee must notify the employer in advance:
a) At least 03 working days for the cases specified at Points a, b, c, and g Clause 1 of this Article;b) At least 30 days if it is a definite-term labor contract for the cases specified at Points d and e Clause 1 of this Article;c) For the case specified in Point e Clause 1 of this Article, the notice period to the employer is carried out according to the stipulated time in Article 139 of this Code.
3. Employees working under an indefinite-term labor contract have the right to unilaterally terminate the labor contract, but must notify the employer at least 45 days in advance, except in cases specified in Article 139 of this Code.
- Nguyen Trinh -
