Right of pregnant female employees to unilaterally terminate or suspend their employment contracts in Vietnam

Right of pregnant female employees to unilaterally terminate or suspend their employment contracts in Vietnam (Image from the Internet)

1. Right of pregnant female employees to unilaterally terminate or suspend their employment contracts in Vietnam

The right of pregnant female employees to unilaterally terminate or suspend their employment contracts in Vietnam according to Article 138 of the Labor Code 2019 is as follows:

- A pregnant female employee, if certified by an authorized medical establishment that continuing to work will adversely affect the fetus, has the right to unilaterally terminate the employment contract or temporarily suspend the execution of the employment contract.

In case of unilaterally terminating the employment contract or temporarily suspending the execution of the employment contract, the employee must notify the employer and provide the certification from the authorized medical establishment about the adverse effects of continuing work on the fetus.

- In the case of temporarily suspending the execution of the employment contract, the duration of the suspension is to be agreed upon by the employee and the employer but must be at least equal to the time recommended by the authorized medical establishment for temporary leave. In the absence of a specific instruction from the authorized medical establishment on the duration of the temporary leave, both parties shall agree on the suspension time.

2. Right of an employee to unilaterally terminates the employment contract in Vietnam

The right to unilaterally terminate the employment contract by the employee according to Article 35 of the Labor Code 2019 is as follows:

- An employee has the right to unilaterally terminate the employment contract but must notify the employer in advance as follows:

+ At least 45 days if working under an indefinite-term employment contract;

+ At least 30 days if working under a fixed-term employment contract with a term from 12 months to 36 months;

+ At least 3 working days if working under a fixed-term employment contract with a term of less than 12 months;

+ For certain industries, trades, and specific jobs, the notice period is to be performed following the regulations of the Government of Vietnam.

- An employee has the right to unilaterally terminate the employment contract without prior notice in the following cases:

+ Not being arranged according to the job, workplace, or not being provided with the working conditions as agreed upon, except for cases regulated under Article 29 of the Labor Code 2019;

+ Not being paid fully or on time, except as stipulated in Clause 4 of Article 97 of the Labor Code 2019;

+ Being mistreated, physically abused, or verbally insulted by the employer, or if such actions affect the employee's health, dignity, and honor; being forced to work;

+ Being sexually harassed at the workplace;

+ A pregnant female employee must quit her job according to the provisions of Clause 1 of Article 138 of the Labor Code 2019;

+ Reaching retirement age as prescribed in Article 169 of the Labor Code 2019, except if other agreements are made between the parties;

+ The employer provides false information as specified in Clause 1 of Article 16 of the Labor Code 2019 affecting the execution of the employment contract.

3. Cases in which an employer is prohibited from unilaterally terminating an employment contract in Vietnam

Cases in which an employer is prohibited from unilaterally terminating an employment contract in Vietnam according to Article 37 of the Labor Code 2019 are as follows:

- The employee is sick or has an accident or occupational disease and is undergoing treatment or convalescence as directed by an authorized medical establishment, except for the case specified in Point b, Clause 1, Article 36 of the Labor Code 2019.

- The employee is on annual leave, personal leave, or other types of leave with the employer's consent.

- A pregnant female employee; an employee on maternity leave or raising a child under 12 months old.

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