1. Cases of employees leaving work

An employee has the right to take leave 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. Obligations of employees before leaving work

Pursuant to Clause 2, Article 5 of the Labor Code 2019, an employee has the following obligations:

– Employees must perform labor contracts, collective labor agreements and other legal agreements;

– Employees must abide by labor discipline and labor regulations; comply with the management, administration and supervision of the employer;

– Employees must comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

Pursuant to Article 48 of the Labor Code 2019, the employee’s responsibility when terminating the labor contract is within 14 working days from the date of termination of the labor contract, the two parties are responsible for paying in full. amounts related to the interests of each party except for the cases specified in this article.

Thus, the Labor Code 2019 does not have specific and clear regulations on the obligation to hand over assets, papers and documents to the company before leaving and the form of handling violations for this case. only required to comply with the labor regulations. However, if the company’s labor regulations do not stipulate the case that assets, papers and documents must be handed over to the company before leaving, there is no evidence that the employee does not comply. Only regulations on payment of money related to the interests of each party, if the property is not money or it is a document, then the employee is not obliged to discuss handed over to employees.

Above is Khoa Tin‘s advice on “How should an employee who quits work without handing over assets, papers and documents to the company?”

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Best regards./.