Dismissal refers to the termination of the employment contract with an employee by the employer due to the fault of the employee. This is the most severe disciplinary measure among the four disciplinary measures against employees in Vietnam. So, what are the cases of dismissal of employees in Vietnam?
Article table of contents
From 2021, cases of dismissal of employees in Vietnam (Illustrative image)
According to Article 125 of Labor Code 2019, an employer in Vietnam may dismiss an employee for disciplinary reasons in the following circumstances:
1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer;
3. The employee commits acts that are seriously detrimental or posing a seriously detrimental threat to the assets or interests of the employer
4. The employee commits sexual harassment in the workplace against the internal labor regulations
5. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and repeated before it was absolved.
6. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
Justifiable reasons for leave include natural disasters, fires, personal or family illness certified by a competent medical facility, and other cases stipulated in internal labor regulations. All other cases are considered unjustifiable.
However, under Clauses 4 and 5 of Article 122 and Clause 3 of Article 137 of the Labor Code 2019, employers must not dismiss employees in the following cases:
- The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing a child under 12 months of age;
- The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
- The employee is being held under temporary custody or detention;
- The employee is waiting for verification and conclusion of the competent agency for the following violations:
+ The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
+ The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;
Thus, employers in Vietnam may dismiss employees if the violations comply with legal regulations. However, as this is a severe disciplinary measure that results in job loss, directly affecting the livelihood and mental state of the employee and their family, Vietnamese law imposes certain limitations on the employer’s right to dismiss under specific circumstances.
Thuy Tram
