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
- Workplace Abuse
- Sexual Harassment
- Pregnancy-Related Leave
- Employer Misrepresentation
- Retirement Age
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
- Definite-Term Contracts
Compensation for Leaving Without Prior Notice
Employees who terminate contracts illegally, as defined in Article 40, face financial obligations:
- Compensation to the Employer
- Repayment of Training Costs
- Forfeiture of Severance Allowance
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
- Return of Documents
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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