WHEN MAY EMPLOYEES TERMINATE LABOR CONTRACT WITHOUT PRIOR NOTICE?

Unilateral termination of the labor contract is a fundamental right of employees. However, to ensure fairness and stability in business operations, the law imposes a general obligation to provide prior notice. Are there exceptions to this rule, and under what circumstances may employees terminate labor contract without prior notice?

Right of the employees to unilaterally terminate labor contracts, attention should be paid to the obligation of providing prior notice

Employees have the right to unilaterally terminate their labor contracts but must comply with the obligation to give prior notice to their employers based on the following conditions:

– At least 45 days for contracts of indefinite term;

– At least 30 days for definte term contracts with a duration of 12 to 36 months;

– At least 3 working days for definte term contracts with a duration of less than 12 months;

– For certain specialized industries, occupations, or jobs, the notice period is regulated by the Government.

(As stipulated in Clause 1, Article 35 of the Labor Code 2019)

Special cases where employees may unilaterally terminate labor contracts without prior notice

According to Clause 2, Article 35 of the 2019 Labor Code, employees are entitled to terminate their labor contracts without prior notice in the following circumstances:

– They are not assigned the agreed-upon job, workplace, or working conditions, except as regulated otherwise;

– They are not paid their full salary or are paid late in violation of legal provisions;

– They are mistreated, assaulted, insulted verbally or physically, or subjected to actions affecting their health, dignity, or honor, or are coerced into labor;

– They experience sexual harassment in the workplace;

– Pregnant employees are required to terminate their employment for health reasons;

– They reach the retirement age;

– The employee provides false information during the conclusion of the labor contract.

Obligations of employees in cases of unlawful unilateral termination of labor contracts

Responsibilities and obligations of employees upon violation include:

– Forfeiture of severance allowance

– Employees must compensate the employer half a month’s salary under the labor contract, plus an additional amount equivalent to their contractual salary for the number of days they failed to provide prior notice.

– If the employer incurred training expenses, the employee must repay these costs as stipulated.

>> TERMINATION OF LABOR CONTRACT, EMPLOYEES’ OBLIGATIONS ON NOTIFICATION https://linconlaw.vn/termination-of-labor-contract-employees-obligations-on-notification/

>> DELAY IN SALARY PAYMENT, RIGHTS OF EMPLOYEES? https://linconlaw.vn/delay-in-salary-payment-rights-of-employees/