Can the employee unilaterally terminate the labor contract?

The employee has the right to unilaterally terminate the labor contract (LC) without advance notice. However, the termination of this labor contract must ensure compliance with the provisions of the Law in the Labor Code issued on 20 November 2019 (“Labor Code”).

A. Unilateral termination of labor contracts with advance notice

The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

  1. At least 45 days if working in accordance with an indefinite term labor contract;
  2. At least 30 days if working in accordance with a definite-term labor contract with a term from 12 months to 36 months;
  3. At least 03 working days if working in accordance with a definite-term labor contract with a term of less than 12 months;
  4. For a number of specific industries, trades and jobs, the time limit for advance notice shall comply with the Government’s regulations.

B. In the event that the employee unilaterally terminates the labor contract without advance notice

The employee has the right to unilaterally terminate the labor contract without prior notice in the following cases:

  1. Not being arranged according to the job, working location or not guaranteed working conditions as agreed, except for the case specified in Article 29 of the Labor Code;
  2. Not being paid in full or on time, except for the case specified in Clause 4, Article 97 of the Labor Code;
  3. Being abused, beaten by the employer or having insulting words or acts or acts affecting health, dignity and honor; forced labor;
  4. Being sexually harassed at work;
  5. Pregnant female employees must take leave as prescribed in Clause 1, Article 138 of the Labor Code;
  6. Having reached the retirement age as prescribed in Article 169 of the Labor Code, unless otherwise agreed by the parties;
  7. The employer provides untruthful information as prescribed in Clause 1, Article 16 of the Labor Code, affecting the performance of the labor contract.

C. Obligations of the employee when unilaterally terminating the labor contract illegally

In case of illegal unilateral termination of the labor contract, the employee has the following obligations:

  1. No severance allowance.
  2. To compensate the employer for half a month’s salary according to the labor contract and an amount corresponding to the salary under the labor contract for unannounced days.
  3. The employer must reimburse the training costs specified in Article 62 of the Labor Code.

Hence, in case the employee would like to terminate the labor contract but the employee does not understand or misunderstand, improperly apply the provisions of the law, the employee may not be entitled to severance pay or even other responsibilities finance for employers.

In successful consulting experience for many employees who are residents and non-residents, unilaterally terminating labor contracts in accordance with the law, we will provide specific advice and support in drafting relevant documents for the client to legally terminate the labor contract unilaterally.

Note: The content presented above is for reference only. The aforementioned content may no longer be relevant depending on the time and audience. For any detailed consultation requests, please contact LMP Lawyers.

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