Employee’s Guide to Unilateral Termination of Labor Contracts

Although a labor contract is a voluntary agreement, current labor laws establish mechanisms to protect an employee’s freedom to choose their employment. Consequently, employees are legally permitted to unilaterally terminate their labor contracts under various circumstances.

The Right to Unilateral Termination

Pursuant to Article 35 of the 2019 Labor Code, employees have the right to unilaterally terminate a labor contract without specifying a reason, provided that they strictly comply with the statutory prior notice period. Furthermore, this provision applies universally to all types of labor contracts, including indefinite-term, definite-term, and contracts under 12 months.

Cases of Immediate Termination (No Prior Notice Required)

In addition to the general notice requirements, the law allows employees to terminate the contract immediately to protect their legitimate rights. Specifically, prior notice is not required if the employee falls into any of the following circumstances:

• Is not assigned to the agreed work, workplace, or working conditions;
• Is not paid in full or on time (except for statutory force majeure events);
• Is maltreated, beaten, insulted, or subjected to acts affecting their health, honor, or dignity;
• Is subjected to forced labor or sexual harassment at the workplace;
• Is a pregnant female employee required to stop working by a competent medical facility’s directive;
• Reaches the statutory retirement age;
• The employer provided untruthful information during contract formation that affects the performance of the contract.

Statutory Prior Notice Periods

On the other hand, if the situation does not qualify for immediate termination, the employee must fulfill the prior notice obligation based on the contract type:

• At least 45 days for indefinite-term labor contracts.
• At least 30 days for definite-term labor contracts of between 12 and 36 months.

During this notice period, the employee remains fully entitled to their salary and standard welfare benefits.

Recommendations for Employees

To ensure legal compliance and avoid potential disputes, employees should note the following:

Second, thoroughly verify whether your situation qualifies for immediate termination, especially in cases involving unpaid wages, harassment, or altered working conditions.

First, clearly identify the type of your current labor contract to apply the correct notice period.