In reality, termination of labor contracts is inevitable in labor relations. Employees may leave their jobs due to the expiration of the contract, mutual agreement, or unilateral decision by the employer. However, a common issue is that employees often rush to sign documents provided by the company without carefully reading or receiving proper legal advice, leading to the unintentional waiver of their legitimate rights and benefits.
Contents
1. Common documents upon termination of employment contracts
Handover minutes of work and assets: Confirms that the employee’s obligations have been fulfilled.
Resignation letter or termination request: In many cases, the company “suggests” that employees write a resignation letter to avoid liability for compensation.
Mutual termination agreement: This document often includes a clause such as “both parties commit to having no further disputes” – if signed, the employee may lose the right to file complaints or lawsuits later.
Non-complaint / non-litigation commitment: A common document intended to prevent employees from further claiming their rights.
2. Risks for employees
Loss of compensation rights: By signing a “no dispute” agreement, employees may forfeit their ability to claim additional wages, severance allowances, or damages.
Acceptance of unfavorable termination reasons: Signing a “voluntary resignation” may turn an unlawful dismissal into a voluntary departure initiated by the employee.
Impact on legal records and social insurance: Incorrectly recording the reason for termination may cause difficulties in closing social insurance books or claiming unemployment benefits.
3. Important notes for employees
Read documents carefully before signing: Do not rush to sign any paper without fully understanding its content.
Do not sign a “voluntary resignation” if forced to leave: To protect their rights, employees should allow the company to issue an official termination decision in accordance with the law.
Negotiate clearly on entitlements: Before signing an agreement, clarify the salary, allowances, and other payments to be received.
Request copies of all documents: Employees should keep copies of every signed document as evidence if needed.
Seek advice from lawyers or trade unions: If in doubt, employees should obtain legal consultation to avoid disadvantages.
4. Conclusion
Employees have rights and obligations under the law when terminating an employment contract. However, in many cases, just one careless signature may cause them to lose legitimate entitlements. Therefore, always act cautiously, study carefully, and do not hesitate to seek legal support before signing any documents related to the termination of an employment contract.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Labor
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.