1.  Legal grounds

– Labor Code 2019

Decree 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the labor code on labor conditions and labor relations

2. Cases of unilateral termination of labor contracts of employees

2.1. The employee unilaterally terminates the labor contract without prior notice

The employee has the right to unilaterally terminate the contract without notifying the employer in the following cases according to Clause 2, Article 35 of the Labor Code 2019:

– Employees are not arranged according to the right job, working location or are not guaranteed working conditions as agreed, except for the cases specified in Article 29 of the Labor Code 2019 (transferring employees to the workplace). do other jobs than in the labor contract);

– The employee is not paid in full or the salary is not paid on time, except for the case of force majeure where the employer has tried all remedies but cannot pay the salary on time, it must not be late. more than 30 days; If the salary is paid late for 15 days or more, the employer must compensate the employee an amount at least equal to the interest of the late payment amount calculated at the interest rate on mobilizing deposits with a term of 1 month. the bank where the employer opens an account to pay wages to employees announced at the time of salary payment as prescribed in Clause 4, Article 97 of the Labor Code 2019;

– The employee is abused, beaten by the employer or has abusive words, acts, and acts that affect health, dignity and honor; forced labor;

– Employees are sexually harassed at work;

– Pregnant female employees must take leave as prescribed in Clause 1, Article 138 of the Labor Code 2019;

– The employee reaches the retirement age as prescribed in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties;

– The employer provides untruthful information as prescribed in Clause 1, Article 16 of the Labor Code 2019 affecting the performance of the labor contract.

Example: On September 3, 2022 Mr. A (director of LT company) signed an unspecified labor contract with Ms. B to hire Ms. B as a receptionist at Da Nang branch. After 1 month of working, Mr. A recruited a new receptionist, so she transferred Ms. B to work at Hue branch. On October 4, 2020, Ms. B quit her job without informing LT company. Accordingly, the failure to give notice in the case of unilateral termination of Ms. B’s labor contract is correct in accordance with the law because, based on Point Clause 2, Article 35 of the Labor Code 2019, Ms. B has the right to file an application. The method of termination of the labor contract without prior notice because the LT company did not arrange the right working place for Ms. B.

2.2. The employee unilaterally terminates the labor contract with advance notice

The employee has the right to unilaterally terminate the labor contract for any reason but must give advance notice to the employer within a reasonable period as prescribed by law based on Clause 1, Article 35 of the Code. Labor force 2019 is as follows:

– Not more than 45 days in advance if working under an indefinite term labor contract;

– Not more than 30 days’ notice if working under a definite-term labor contract with a term from 12 to 36 months;

– Not more than 03 working days in advance if working under a definite-term labor contract with a term of less than 12 months;

– For a number of specific industries, trades and jobs, the notice period shall comply with the Government’s regulations based on Article 7 of Decree 145/2020/ND-CP, including the following occupations:

Flight crew members; aircraft maintenance technicians, aviation repair technicians; flight dispatchers and operators;

Enterprise managers according to the provisions of the Law on Enterprises; Law on management and use of state capital invested in production and business in enterprises;

Crew members of crew members working on Vietnamese ships operating overseas; seafarers who are leased by Vietnamese enterprises to work on foreign ships;

Other cases prescribed by law.

In the case when the employee does the above-mentioned industry, trade or job, the employee unilaterally terminates the labor contract or the employer unilaterally terminates the labor contract for the employees. In this case, the notice period is as follows:  Not exceeding 120 days for an indefinite term labor contract or a definite term labor contract of 12 months or more; At least equal to a quarter of the term of the labor contract, for labor contracts with a term of less than 12 months.

For example: On September 5, 2021 Mr. T (owner of TH fashion shop) signs a contract to hire Ms. N as a salesperson for a period of 12 months with a salary of 20,000 VND/hour. However, on December 7, 2021, Ms. N found a new job with a higher salary, so Ms. N wrote a resignation letter on December 8, 2021 and asked for permission to quit on December 7. February 2022. Thus, Ms. N has strictly complied with the provisions of the law on unilaterally terminating a fixed-term labor contract, specifically a 12-month labor contract. She gave notice to Mr. T 60 days in advance from the date Mr. T received the notice.

Above is Khoa Tin‘s advice on: “When can an employee unilaterally terminate a labor contract?”

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.