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TERMINATE THE EMPLOYMENT CONTRACT

12/02/2021

Question: Hello Company and lawyer. I have a problem I want to ask a lawyer as follows: I sign a labor contract with the company for a period of 1 year. Now, for personal reasons, shall I terminate the employment contract?

Thank you for submitting questions to Khoa Tin Law Firm, on this issue, we would like to answer as follows:

Under the provisions of Article 35 of the Labor Code 2019 as follows:

"Article 35. The right to unilaterally terminate the labor contract of the employee

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

a) At least 45 days if working under an indefinite term labor contract;

b) At least 30 days if working under a fixed-term labor contract with a term from 12 months to 36 months;

c) At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;

d) For a number of special business lines and works, the advance notice period shall comply with the Government's regulations.

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

a) Not being assigned to the correct job or working place or failing to ensure the agreed working conditions, except for the case specified in Article 29 of this Code;

b) The employee is not paid in full or on time, except for the case in Clause 4 Article 97 of this Code;

c) The employer is mistreated, beaten, or verbally abusive, acts affecting health, dignity or honor; forced labor;

d) Being sexually harassed at the workplace;

dd) The pregnant female employee must take leave as prescribed in Clause 1 Article 138 of this Code;

e) To reach the retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties;

g) The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Code, affecting the performance of the labor contract ”.

Thus, in the case of you leaving for personal reasons and the type of labor contract signed with the company is a definite term labor contract (from 12 months to 36 months), so you are fully entitled to unilaterally terminate the labor contract. However, the employer must comply with the advance notice period: at least 30 working days.

Above is the answer of Khoa Tin Law Firm, in case you still have any questions, please contact us for more specific answers.

Legal expert Vu Dang Tien Thanh

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