Job Termination Regulations

The rights of employees to resign from their job are clearly regulated by labor law. Legal regulations must ensure that this is possible in certain situations. However, are there any circumstances where employees are required to resign in accordance with labor law provisions? Additionally, what factors should be considered when resigning from a job? NT INTERNATIONAL LAW FIRM aims to provide clarity on labor law provisions related to job termination in this article. By doing so, we hope to assist you in understanding and exercising your rights.

Instances where job termination must happen in accordance with the regulations outlined in the Labor Law

In accordance with Article 34 of the 2019 Labor Code, the following situations are outlined:

– The labor contract expires, except for cases where the contract must be extended for employees who are members of the leadership board of the employee representative organization at the facility, and their term of office is ending.

– The work specified in the labor contract is completed.

– Both parties mutually agree to terminate the labor contract.

– The employee is sentenced to prison without the possibility of a suspended sentence, or the prison term exceeds the time the defendant was detained (as stated in Clause 5, Article 328 of the Criminal Procedure Code). This also applies if the employee receives a death penalty or is prohibited from performing the work stated in the labor contract based on a legally effective judgment or decision from the Court.

– Foreign workers employed in Vietnam are deported based on legally effective court judgments, decisions, or decisions from competent state agencies.

– The worker passes away, is declared by the Court to have lost civil act capacity, is missing, or is confirmed to be deceased.

– If the employer is an individual and passes away, is declared by the Court to have lost civil act capacity, is missing, or is confirmed to be deceased. For employers who are not individuals, their operations are terminated or they are notified by the specialized business registration agency of the Provincial People’s Committee that they do not have a legal representative or authorized person to act on their rights and obligations.

– The employee faces disciplinary action and is subsequently terminated from their position.

– The employee unilaterally terminates the labor contract as outlined in Article 35 of this Code.

– The employer unilaterally terminates the labor contract as specified in Article 36 of this Code.

– The employer terminates the employee’s job due to changes in structure, technology, or economic reasons. This includes instances of division, separation, consolidation, or merger of businesses; sale, lease, or conversion of business types; and transfer of ownership and rights to use assets of enterprises and cooperatives.

– Foreign workers working in Vietnam whose work permits expire, in accordance with the provisions of Article 156 of this Code.

– In the event that a probation agreement is included in the labor contract but the probationary period is not fulfilled or one party cancels the probation agreement.

How long does an employee need to give notice before quitting work?

In accordance with the provisions stated in Clause 1, Article 35 of the 2019 Labor Code, an employee has the right to terminate their labor contract unilaterally. However, it is mandatory for the employee to provide prior notice to the employer. The duration of the notice period varies depending on the type of labor contract:

– For labor contracts of indefinite term, the employee must give a minimum of 45 days’ notice.

– For fixed-term labor contracts with a duration ranging from 12 to 36 months, the employee must give a minimum of 30 days’ notice.

– For fixed-term labor contracts with a duration of less than 12 months, the employee must give a minimum of 03 days’ notice.

– It is important to note that certain industries, professions, and specific jobs, such as aircraft, business management, ocean ships, and others as prescribed by law, have specific notice periods mentioned in Article 7 of Decree 145/2020/ ND-CP:

+ For labor contracts with an indefinite term or a definite term of 12 months or more, the notice period should be at least 120 days.

+ For labor contracts with a term of less than 12 months, the notice period should be at least equal to 1/4 of the contract’s duration.

Job Termination Regulations

Instances of employees can resign from work without giving advance notice to the employer

In accordance with Clause 2, Article 35, workers possess the right to unilaterally terminate their employment agreement without prior notice under the following circumstances:

1. If they are not assigned to the appropriate job position, working location, or if the working conditions do not align with the agreed terms, except in cases where the employee is transferred to a different job as stated in Article 29 of the Code;

2. If they are not paid their full salary or if the salary is not provided on time, unless the employer has exhausted all possible measures to rectify the situation but is unable to pay on time due to force majeure, as mentioned in Clause 4, Article 97 of the Ministry’s law;

3. If they are subjected to mistreatment, physical abuse, or subjected to derogatory language or actions by the employer, or if their health, dignity, or honor is compromised, including instances of forced labor;

4. If they experience sexual harassment in the workplace;

5. If female employees who are pregnant are required to leave work in accordance with the provisions stated in Clause 1, Article 138 of this Code;

6. If they have reached the full retirement age as specified in Article 169 of this Code, unless both parties have mutually agreed otherwise;

7. If the employer provides false information as outlined in Clause 1, Article 16 of this Code, which adversely affects the execution of the employment contract.

Navigating the complexities of job termination regulations can be a daunting task, but it is important to remember that you have rights and protections under the law. If you are facing job termination, it is important to speak to an attorney to understand your rights and options. An attorney can help you ensure that your termination is handled in a legal and fair manner.

In addition to consulting with an attorney, there are a few things you can do to protect yourself during the job termination process:

• Keep copies of all documentation related to your employment, including your job description, performance reviews, and any disciplinary warnings.
• Document any instances of discrimination or harassment.
• Be aware of the severance package you are entitled to under the law.
• Do not sign any severance agreement without first consulting with an attorney.

Job termination can be a difficult and stressful experience, but it is important to remember that you are not alone. There are resources available to help you through this challenging time.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.