Draft revised Labor Code has proposed allowing employees the right to quit their jobs without prior notice in cases where their rights are being affected.
Article table of contents
To be specific, Article 35 of the Draft Labor Code (amended) sets forth two options regarding the regulation of the employee's right to unilaterally terminate the labor contract, including:
- Option One, allows employees to unilaterally resign at any time, without any reason, provided they give prior notice as follows:
+ 45 days for employees working under an indefinite-term labor contract;
+ 30 days for employees working under a fixed-term labor contract with a term of one month or more;
+ 3 working days for employees working under a fixed-term contract with a term of less than one month.
Additionally, the Draft also stipulates that employees may unilaterally resign without prior notice according to the above time limits if they fall into one of the following cases:
+ Not being assigned to the correct job or workplace, or not being ensured the working conditions agreed upon between the parties;
+ Not being paid wages or being paid late as agreed between the parties;
+ The employee is maltreated, sexually harassed, or forced to work;
+ Female employees who are pregnant must resign based on the recommendation of a competent medical facility.
- Option Two, remains as currently stipulated in the Labor Code 2012, where unilateral resignation requires a reason and prior notice according to the prescribed number of days.
See the detailed content in the Draft Labor Code (amended) expected to take effect from 2021.
Duy Thinh
