Draft Decree detailing the implementation of certain provisions of the Labor Code on labor management, labor contracts, wages, labor discipline, and material liability is currently in the consultation period and is expected to take effect from January 1, 2021.
Article table of contents
Notice Period for Unilateral Termination of Labor Contracts in Certain Specific Industries, Occupations
One of the new significant contents in this Draft is the regulation on the notice period for unilateral termination of labor contracts in certain specific industries, occupations, and jobs.
Previously, Clause 1 of Article 35 of the Labor Code 2019 (Effective from January 1, 2021) stipulates:
1. Employees have the right to unilaterally terminate labor contracts but must notify the employer in advance as follows:
a) At least 45 days if working under an indefinite-term labor contract;
b) At least 30 days if working under a fixed-term labor contract of 12 to 36 months;
c) At least 3 working days if working under a fixed-term labor contract of less than 12 months;
d) For certain specific industries, occupations, and jobs, the notice period shall follow regulations by the Government of Vietnam.
Thus, according to the above regulation, for certain specific industries, occupations, and jobs, the notice period shall follow regulations by the Government of Vietnam.
To provide guidance on the aforementioned case, this Draft Decree clearly stipulates that employees working in specific industries, occupations, and jobs when unilaterally terminating labor contracts must notify the employer as follows:
- At least 120 days for indefinite-term labor contracts or fixed-term labor contracts of 12 months or more.
- At least a quarter of the duration of the labor contract for fixed-term labor contracts of less than 12 months.
Similarly, employers who unilaterally terminate labor contracts with employees working in specific industries, occupations, and jobs must also notify employees according to this notice period.
Note, specific industries, occupations, and jobs include:
- Aircraft crew members; aircraft maintenance and repair staff with a Certificate of Release to Service (CRS) level B or above; flight operation dispatchers;
- Enterprise managers as stipulated by the Law on Enterprises; the Law on Management and Use of State Capital Invested in Production, Business at Enterprises;
- Crew members working on Vietnamese vessels operating abroad, crew members leased by Vietnamese enterprises to foreign vessels currently working on foreign vessels.
Nguyen Trinh
