This is the newly regulated content in the Labor Code 2019 passed by the National Assembly on November 20, 2019, and effective from January 1, 2021.
Article table of contents
Employees can quit work without prior notice according to the Labor Code 2019 (Illustration)
LABOR CODE 2019 (OFFICIAL)
To be specific, according to the provisions of Article 35 of the Labor Code 2019, employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:
- Not being assigned the correct job, workplace, or not being ensured working conditions as agreed, except for the cases specified in Article 29 of the Labor Code 2019;
- Not being paid in full or on time, except for cases specified in Clause 4, Article 97 of the Labor Code 2019;
- Being maltreated, beaten by the employer, or having degrading, abusive behavior, affecting health, dignity, honor,; being forced to labor;
- Being sexually harassed at the workplace;
- Female employees having to quit working as prescribed in Clause 1, Article 138 of the Labor Code 2019;
- Reaching retirement age as prescribed, except for cases where the parties have other agreements;
- The employer provides untruthful information as prescribed in Clause 1, Article 16 of the Labor Code 2019, affecting the implementation of the labor contract.
In other cases, employees have the right to unilaterally terminate the labor contract but must notify the employer at least 45 days in advance if working under an indefinite-term labor contract; at least 30 days if working under a definite-term labor contract with a term of 12 to 36 months; and at least 3 working days if working under a definite-term labor contract with a term of less than 12 months. For some specific industries, the notice period shall comply with the regulations of the Government of Vietnam.
Currently, under the Labor Code 2012, employees have the right to unilaterally terminate the labor contract but must meet 02 conditions:
- Falling under the cases specified in Clause 1, Article 37 of the Labor Code 2012 for employees working under definite-term labor contracts, seasonal contracts, or certain jobs with a term of less than 12 months;
- Complying with the notice period to the employer.
Thus, it can be seen that the Labor Code 2019 provides more benefits for employees when engaging in labor relations with employers. Employees can be more proactive in choosing jobs, and whenever they feel mistreated, abused, or harassed, they can quit without prior notice and actively seek a better job.
Thu Ba
