This is a new point mentioned in the Draft Law amending the Labor Code, expected to be passed by the National Assembly in 2018.
Article table of contents
FULL TEXT OF THE DRAFT LAW AMENDING THE LABOR CODE
According to the current regulations in Article 37 of the 2012 Labor Code, employees have the right to unilaterally terminate the labor contract only when they meet two conditions: having one of the reasons specified in Clause 1 and complying with the notice period in Clause 2.
However, the Draft Law amending the Labor Code proposes an option that allows employees to unilaterally terminate the labor contract without a reason and without prior notice, with specific content as follows:
| 1. Employees have the right to unilaterally terminate the labor contract at any time, provided they give prior notice: a) At least 45 days for employees working under an indefinite-term labor contract; b) At least 30 days for employees working under a fixed-term labor contract; c) At least 05 working days for employees working under a seasonal labor contract. 2. Employees do not need to give prior notice as stipulated in Clause 1 of this Article in the following cases: a) The employee is not arranged according to the agreed job, workplace, or not ensured the agreed working conditions between the parties; b) The employee is not paid the full wage or is not paid on time as agreed between the parties; c) The employee is mistreated, sexually harassed, or forced labor; d) Female employees who are pregnant must resign according to the prescription of a competent medical facility. |
With the above regulations, it can be seen that the Draft Law does not mention the requirement for employees to provide a reason when unilaterally terminating the labor contract. Additionally, employees also do not need to give prior notice if they fall into one of the four cases such as not being ensured the correct job, not being paid adequately, being mistreated, sexually harassed, or when pregnant.
Thus, if the Draft Law amending the Labor Code is approved, employees will have the full right to resign without needing to provide a reason and without prior notice. This is a positive signal for employees, as they can seek better job opportunities without the fear of violating regulations when resigning from their old company without providing a reason or not giving prior notice.
