The right to unilaterally terminate the employment contract of the employee in Vietnam

The right to unilaterally terminate the employment contract of the employee in Vietnam

According to the provisions of the Labor Code 2019, An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance, except in some cases where the law allows permission without prior notice.

The right to unilaterally terminate the employment contract of the employee in Vietnam (Internet image)

How many days in advance do employees have to give notice when unilaterally terminating employment contract in Vietnam?

 An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

- At least 45 days in case of an indefinite-term employment contract;

- At least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

- At least 03 working days in case of an employment contract with a fixed term of under 12 months;

- Special works and lines of business and prior notice period upon unilateral termination of employment contracts, a prior notice shall be provided:

+ At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;

+ At least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.

In particular, special works and lines of business include:

++ Aircrew members; aircraft maintenance technicians, aviation repairmen; flight coordinators;

++ Enterprise managers defined by the Law on Enterprises; the Law on Management and use of State Investment in Enterprises;

++ Crewmembers working on Vietnamese vessels operating overseas; crewmembers dispatched to foreign vessels by Vietnamese dispatching agencies;

++ Other cases prescribed by law.

Cases of unilaterally terminating the employment contract without prior notice in Vietnam

An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

- Is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of the Labor Code 2019;

- Is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of the Labor Code 2019.

- Is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

- Is sexually harassed in the workplace;

- Is pregnant and has to stop working in accordance with Clause 1 Article 138 of the Labor Code 2019.

- Reaches the retirement age specified in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties; or

- Finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of the Labor Code 2019 in a manner that affects the performance of the employment contract.

Mai Thanh Loi

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