CONSIDERATIONS FOR EMPLOYEES WHEN UNILATERALLY TERMINATING THE LABOR CONTRACT
In an increasingly dynamic labor market, employees have more opportunities to change jobs, explore new work environments, develop their skills, and expand their career paths. However, in reality, many employees are still bound by their current labor contracts and have difficulties when attempting to resign before the contract term ends. According to the law, employees have the right to unilaterally terminate their labor contracts, but the exercise of this right must comply with certain conditions to avoid potential disputes or unwanted compensation obligations. In this article, TNTP will share important notes to help employees understand and implement the right to unilaterally terminate a labor contract.
1. The right of employees to unilaterally terminate a labor contract
a. Cases where the employee is required to give advance notice when unilaterally terminating the labor contract
Employee has the right to unilaterally terminate the labor contract without providing a reason, as long as they comply with the notice period prescribed by law. This regulation is intended to ensure employees’ autonomy in their employment while allowing the employer sufficient time to manage and adjust their workforce accordingly.
The notice period will vary depending on the type of labor contract the employee is performing, specifically:
– For an indefinite-term labor contract: The employee must give the employer at least 45 days’ advance notice;
– For a fixed-term labor contract ranging from 12 to 36 months: The employee must give the employer at least 30 days’ advance notice;
– For a fixed-term labor contract of less than 12 months: The employee must give the employer at least 03 days’ advance notice.
Note: For certain sectors, occupations, or specific types of work (such as aviation, maritime, etc.), the notice period is governed by separate regulations issued by the Government. Therefore, employees should carefully review these specific regulations to ensure that their resignation is lawful and to avoid potential legal risks afterward.
b. Cases where the employee may unilaterally terminate the labor contract without giving advance notice
According to Article 35.2 of the 2019 Labor Code, the employee has the right to unilaterally terminate the labor contract with the employer without advance notice if falling under one of the following cases:
– The employee is not assigned the correct job, workplace, or working conditions as agreed in the labor contract, except for the following cases:
+ The employer temporarily transfers the employee to perform different work in the event of unexpected difficulties caused by natural disasters, fires, dangerous epidemics, etc., but not exceeding 60 cumulative working days in a year. If the assignment to different work exceeds 60 cumulative working days in a year, it may only be carried out with the employee’s written consent.
+ The employer temporarily transfers employees to perform different work due to production or business needs, as specifically provided in the internal labor regulations.
– The employee is not paid in full or on time, except in cases of force majeure where the employer has taken all necessary remedial measures but is still unable to pay on time;
– The employee is maltreated, physically assaulted, or subjected to insulting words or acts that affect their health, dignity, or honour; or is subjected to forced labor;
– The employee is sexually harassed at the workplace;
– A pregnant female employee must cease working if there is certification from a competent medical facility that continuing to work would adversely affect the fetus;
– The employee reaches the retirement age as prescribed, unless otherwise agreed by the parties;
– The employer provides false information about the work, workplace, working conditions, etc., which affects the performance of work.
2. Regarding the terms of the labor contract
To minimize potential legal risks that may arise when terminating the employment relationship, the employee should proactively review the entire content of the contract before deciding to unilaterally terminate the employment relationship. This not only aims to identify the clauses that restrict the employee’s right to unilaterally terminate the contract before its term, but also to consider the provisions related to liability for compensation in the event of unilateral termination.
Proactively reviewing and fully understanding the terms of the contract, as well as being familiar with current legal regulations, is essential to ensure that the termination of the contract is carried out in a proper, lawful manner without any adverse consequences. A clear understanding and full compliance with the signed agreements and legal provisions will provide an important foundation for the employee to protect their legitimate rights and minimize the risk of disputes with the employer.
Above is the article “Considerations for employees when unilaterally terminating the labor contract”. Through this article, we hope that this article will provide readers with a comprehensive overview of the legal provisions regarding the conditions and rights of unilateral termination of the labor contract with the employer.
TNTP & Associates International Law Firm
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