This is one of the noteworthy contents in the 2019 Labor Code passed by the National Assembly on November 20, 2019, and officially effective from January 01, 2021.
Article table of contents
LABOR CODE 2019 (APPROVED)
Labor Code 2019: Employers can terminate labor contracts without notice (Illustration)
To be specific, Labor Code 2019 has added the case where an employee voluntarily leaves work for 5 consecutive days or more without a valid reason as one of the cases where the employer has the right to unilaterally terminate the labor contract with the employee, in addition to the cases regulated previously in Labor Code 2012.
Image clipping of Article 36 of Labor Code 2019
Therefore, from January 1, 2021, when an employee voluntarily leaves work for 5 consecutive days or more without notifying the employer and without a valid reason, the employer has the right to unilaterally terminate the labor contract without prior notice to the employee.
Additionally, Article 36 of Labor Code 2019 has inherited the provisions in Labor Code 2012 on the disciplinary action against employees who voluntarily leave work without a valid reason but in a more detailed manner, accordingly, an employee who voluntarily leaves work for a total of 5 days within a period of 30 days or 20 days within a period of 365 days starting from the first day of voluntary leave without a valid reason will be subject to the disciplinary measure of dismissal. The disciplinary action against employees must be conducted in accordance with the correct principles and procedures prescribed by law, such as:
- The employer must prove the employee's fault;
- The participation of the representative organization of the labor collective at the base where the employee under discipline is a member is required;
- The employee must be present and has the right to self-defense, seek a lawyer, or a representative organization of the labor collective to defend; in case of an employee under 15 years of age, a legal representative must be present;
- The disciplinary action must be documented in writing.
Nguyen Trinh
