Regulations on unilateral terminating working contracts in Vietnam

Regulations on unilateral terminating working contracts in Vietnam (Internet image)

1. Cases of public non-business units unilateral terminating working contracts in Vietnam

Pursuant to Clause 1, Article 29 of the Law on Public Employees 2010 amended in 2019 stipulates that public non-business units may unilaterally terminate working contracts with public employees in the following cases:

(1) Public employees who have been evaluated as not accomplishing tasks for two consecutive years;

(2) Public employees who are sacked under Point d. Clause 1. Article 52 or Clause 1, Article 57 of the Law on Public Employees 2010;

(3) Public employees working under working contracts with an indefinite term who fall sick and have received medical treatment for 12 consecutive months; public employees working under working contracts with a definite term who fall sick and have received medical treatment for 6 consecutive months but still cannot rehabilitate their working capacity.

When their health recovers, these public employees may be considered for renewing their working contracts;

(4) Due to natural disasters, fires or other force majeure events as stipulated by the Government, public non-business units cannot but narrow their scope of activity, which makes redundant working positions held by public employees;

(5) Public non-business units terminate operations under decisions of competent agencies.

(6) The officer fails to meet the requirements after the probationary period.

2. Cases of public employees unilateral terminating working contracts in Vietnam

Pursuant to Clause 5, Article 29 of the Law on Public Employees 2010 stipulating that public employees working under working contracts with a definite term may unilaterally terminate their contracts in the following cases:

- They arc employed in working positions or workplaces or provided with working conditions not as agreed in their working contracts:

- They are paid with salaries lower than the level or later than the time agreed in their working contracts;

- They are maltreated or forced to work;

- They or their families meet so great difficulties that they cannot continue performing their contracts;

- Female public employees get pregnant and have to lake leave as prescribed by a medical treatment establishment;

- They fall sick or have accidents and have received medical treatment for 3 or more consecutive months but cannot rehabilitate their working capacity.

3. Working contract termination time in Vietnam

- When unilaterally terminating a working contract, except the case specified at (2) of Section 1, the head of the public non-business unit shall notify such to the public employee concerned at least 45 days in advance, for working contracts with an indefinite term, or at least 30 days in advance, for working contracts with a definite term.

For a public employee recruited by the managing agency of a public non-business unit, the unilateral termination of his/her working contract shall be decided by the head of the public non-business unit after obtaining written consent of the managing agency.

- Public employees working under working contracts with an indefinite term may unilaterally terminate their contracts provided that they shall notify such in writing to the heads of their public non-business units at least 45 days in advance;

For public employees who fall sick or have accidents and have received medical treatment for 6 consecutive months, such notice must be given at least 3 days in advance.

- Public employees shall notify in writing their unilateral termination of their working contracts to the heads of their public non-business units:

+ At least 3 days in advance for the cases specified at (1), (2), (3), (5), (6) of Section 2

+ At least 30 days in advance for the cases specified at (4) of Section 2

(Clause 1, 4, 6, Article 29 of Law on Public Employees 2010)

4. Cases of head of a public non-business unit not eligible to unilaterally terminate the working contract with public employees in Vietnam

Clause 3, Article 29 of Law on Public Employees 2010 stipulates that the head of a public non-business unit may not unilaterally terminate the working contract with public employees in the following cases;

- Public employees who fall sick or have accidents or are receiving medical treatment for occupational diseases under decisions of medical treatment establishments, except the case specified at (3) of Section 1;

- Public employees who are on annual leave, leave for personal reasons and other reasons permitted by heads of public non-business units;

- Female public employees who are pregnant, on maternity leave or nursing under 36-months babies, except when their public non-business units terminate operation.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE