When should an employee notify their resignation in Vietnam?

When an employee wants to resign(unilaterally terminate the employment contract), there is no need to have a reason but only need to notify within the notice period. So when should an employee notify their resignation in Vietnam?

When should an employee notify their resignation in Vietnam? (Source: Internet)

As stipulated in Article 35 of Vietnam Labor Code 2019, an employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employee 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;

- The notice period in certain industries, trades, and jobs are as follows:

- At least 120 days for an indefinite term employment contract or 12 months or more for a definite term employment contract.

- At least equal to one-quarter of the term of the employment contract, for employment contracts with a term of less than 12 months.

Specific industries, occupations, and jobs include:

- Flight crew members; aircraft maintenance technicians; aviation repair technicians; flight dispatchers and operators;

- Enterprise managers according to the provisions of the Law on Enterprises; the Law on management and utilization of state capital invested in the enterprise’s manufacturing and business activities;

- Crew members of crew working on Vietnamese ships operating overseas; seafarers who are leased by Vietnamese enterprises to work on foreign ships;

-Other cases prescribed by law.

Note: If falling into one of the following cases, an employee is shall have the right to unilaterally terminate the employment contract without prior notice in Vietnam 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 Vietnam's Labor Code 2019;

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

- Reaches the retirement age specified in Article 169 of Vietnam's 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 Vietnam's Labor Code 2019 in a manner that affects the performance of the employment contract.

Diem My

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