Terminating an employment contract is an essential right of employees protected by labor laws. However, to ensure legality and avoid legal consequences, employees must clearly understand the specific regulations and their responsibilities in each case of unilateral termination of an employment contract.
1. The Right to Legally Terminate an Employment Contract
Employees have the right to unilaterally terminate an employment contract without stating a reason, provided they comply with the required notice period. According to Clause 1, Article 35 of the 2019 Labor Code, the notice period depends on the type of contract:
Specialized Industries:
Certain industries have different notice periods as stipulated in Article 7 of Decree 145/2020/ND-CP, including:
Cases Where Advance Notice Is Not Required:
According to Clause 2, Article 35 of the 2019 Labor Code, employees may unilaterally terminate an employment contract without prior notice in the following cases:
2. Legal Consequences of Unlawful Termination
If an employee does not comply with the required notice period or does not qualify for an exemption, the termination may be considered unlawful. In such cases, the employee may face legal consequences, including:
Compensation:
Reimbursement of Training Costs:
Loss of Severance Pay:
3. Employee Rights Upon Lawful Termination
When an employee legally terminates an employment contract, they are entitled to the following rights:
Final Payments:
Compensation for Unused Annual Leave:
Severance Pay Entitlement:
Employees who meet the conditions outlined in Article 46 of the 2019 Labor Code are eligible for severance pay, provided that:
Calculation of Severance Pay:
If an employee has contributed to unemployment insurance, the responsibility for paying severance shifts from the employer to the social insurance agency.
Unemployment Benefits:
Unemployment benefits are provided by the Social Insurance Fund rather than the employer. Employees must meet the conditions in Article 49 of the 2013 Employment Law, including:
Unemployment Benefit Amount:
Duration of Unemployment Benefits:
Return of Social Insurance Books and Documents:
Employers must return all relevant documents to employees, including:
4. Legal Advice on Employment Contract Termination
To avoid legal disputes and ensure personal rights, employees should:
Terminating an employment contract is a significant decision that requires careful consideration and legal knowledge. Complying with legal requirements helps employees protect their rights while avoiding unnecessary legal risks.
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