CASES OF UNILATERAL TERMINATION OF THE EMPLOYEE'S CONTRACT

Pursuant to the provisions of Article 35 of the Labor Code 2019, the employee has the right to unilaterally terminate the labor contract, but must notify the employer in advance, except for exceptions according to law.

I. The time limit for which the employee must notify the employer in advance when unilaterally terminating the labor contract

Pursuant to the provisions of Points a, b, c, Clause 1, Article 35 of the Labor Code 2019, The employee must notify the employer in advance when unilaterally terminating the labor contract, specifically as follows:

• At least 45 days if working under an indefinite-term labor contract;

• At least 30 days if working under a definite-term labor contract with a term ranging from 12 months to 36 months;

• At least 03 working days if working under a definite-term labor contract with a term of less than 12 months; Note: According to the provisions of Point d, Clause 1, Article 35 of the Labor Code 2019 and Article 7 of Decree 145/2020/ND-CP, some specific industries, professions and jobs such as aircraft crew members, aircraft maintenance technicians, enterprise managers, ... the notice period shall be as follows:

• At least 120 days for indefinite-term labor contracts or definite-term labor contracts of 12 months or more;

• At least one-fourth of the term of the labor contract for labor contracts with a term of less than 12 months.

II. In case the employee has the right to unilaterally terminate the labor contract without prior notice

Pursuant to the provisions of Clause 2, Article 35 of the Labor Code 2019, the employee has the right to unilaterally terminate the labor contract without prior notice in the following cases: 

• Not being arranged in accordance with the job, working location or not guaranteed working conditions as agreed, except for the case specified in Article 29 of the Labor Code 2019;

• Not being paid in full or not paying wages on time, except for the case specified in Clause 4, Article 97 of the Labor Code 2019;

• The employee is mistreated, beaten by the employer or has insulting words or acts, acts that affect health, dignity or honor; subjected to forced labor;

• Employees are sexually harassed at work;

• Pregnant female employees must quit their jobs as prescribed in Clause 1, Article 138 of the Labor Code 2019;

• Having reached the retirement age as prescribed in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties;

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

Above is an article that provides legal information about cases in which employees have the right to unilaterally terminate the labor contract and the time limit for notifying the employer when unilaterally terminating the labor contract.            

----------

For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

© 2023 VSE LAWYERS LIMITED LIABILITY LAW COMPANY – All rights reserved.

Attention: This legal update is not an advice and should not be treated as such.