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Leaving Without Prior Notice: Rights and Obligations Under Labour Code 2019
In accordance with the Labour Code 2019, employees have the right to terminate labor contracts under specific circumstances. However, leaving without prior notice violates legal regulations unless it is justified by the exceptions outlined in the law. This guide explains the rights, obligations, and consequences related to this issue.
Can Employees Unilaterally Terminate a Labor Contract?
Yes, under Article 5, Clause 1 of the Labour Code 2019, employees are entitled to unilaterally terminate their labor contracts. This includes notifying the employer in advance, except in certain cases where prior notice is not required.
Situations Where Employees Can Leave Without Prior Notice
Article 35 of the Labour Code 2019 specifies scenarios in which employees can unilaterally terminate contracts without prior notice:
- Breach of Agreement by the Employer
- Failure to assign work, provide agreed working conditions, or ensure the workplace adheres to the labor contract.
- Delayed or incomplete payment of wages, except in cases of unavoidable circumstances.
- Workplace Abuse
- Physical maltreatment, verbal abuse, or actions affecting the employee’s dignity and health.
- Instances of coercion or forced labor.
- Sexual Harassment
- Employees subjected to sexual harassment in the workplace can terminate contracts immediately.
- Pregnancy-Related Leave
- Pregnant employees may resign with certification from a medical establishment stating that continued work could harm the fetus.
- Employer Misrepresentation
- When employers provide false information that affects the execution of the labor contract.
- Retirement Age
- Employees reaching retirement age as per Article 169, unless otherwise agreed with the employer.
For these cases, employees are legally permitted to leave without advance notice.
Notice Periods for Contract Termination
For employees who do not meet the above conditions, the following notice periods apply:
- Indefinite-Term Contracts
- At least 45 days of prior notice.
- Definite-Term Contracts
- At least 30 days for contracts lasting 12 to 36 months.
- At least 3 working days for contracts under 12 months.
Compensation for Leaving Without Prior Notice
Employees who terminate contracts illegally, as defined in Article 40, face financial obligations:
- Compensation to the Employer
- Half a month’s wage as per the labor contract.
- An additional payment equal to wages for the notice period not provided.
- Repayment of Training Costs
- Employees must reimburse employers for training costs as stipulated in Article 62.
- Forfeiture of Severance Allowance
- Employees lose the right to claim severance pay.
These penalties emphasize the importance of adhering to notice requirements unless valid exemptions apply.
Employer’s Obligations Upon Contract Termination
Even when an employee leaves without notice, employers must fulfill specific obligations under Article 48:
- Payment of Outstanding Wages
- Employers must settle wages and benefits within 7 working days, extendable to 30 days in special cases.
- Return of Documents
- Social insurance books and personal records must be returned promptly to the employee.
Legal Compliance and Expert Advice
Leaving without prior notice is considered a breach of labor regulations unless falling under legally specified exceptions. Both employees and employers must adhere to their respective obligations to maintain compliance with the Labour Code 2019.
For detailed advice on labor contract termination or leaving without prior notice, contact Law Plus via or phone +84 966 008 030
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