Pursuant to Article 40 of the Labor Code 2019 stipulates the obligations of employees when unilaterally terminating labor contracts illegally as follows:


  1. No severance pay.
  2. To compensate the employer for half a month’s salary according to the labor contract and an amount corresponding to the salary under the labor contract for days without prior notice.
  3. To reimburse the employer for training expenses specified in Article 62 of this Code.

Thus, your case has unilaterally terminated the contract illegally, so you have the following obligations:

– You will not be entitled to severance pay,

– You must compensate the company for half a month’s salary according to the employment contract;

– You must compensate an amount corresponding to your salary for 10 days without notice,

– You must reimburse training costs to the company in accordance with Article 62 of the Labor Code (if any).

Accordingly, training costs as prescribed in Article 62 of the Labor Code 2019 include:

1.2. Vocational training contract between employer and employee and vocational training costs

  1. Training expenses include expenses with valid documents on expenses paid to teachers, learning materials, schools, classes, machines, equipment, practice materials, other expenses to support learners and salaries, social insurance premiums, health insurance, etc unemployment insurance for learners during school. In case the employee is sent for training abroad, the training cost also includes travel and living expenses during the training period.

2. Responsibilities when terminating a labor contract in accordance with law

– Within 14 working days from the date of termination of the labor contract, the two parties are responsible for paying in full the amounts related to the interests of each party, except for the following cases which may be extended but must not exceed 30 days:

+ The employer who is not an individual terminates the operation;

+ The employer changes the structure, technology or for economic reasons;

+ Division, separation, consolidation, merger; selling, leasing, converting the type of business; transfer of ownership and right to use assets of enterprises or cooperatives;

+ Due to natural disasters, fires, enemy disasters or dangerous epidemics.

– Salaries, social insurance, health insurance, unemployment insurance, severance allowance and other benefits of employees under collective labor agreements and labor contracts shall be prioritized for payment in case the enterprise or cooperative is terminated from operation,  dissolved, bankrupt.

– The employer has the following responsibilities:

+ Complete the procedures for confirming the time of payment of social insurance and unemployment insurance premiums and return them together with the originals of other documents if the employer has kept them from the employee;

+ Provide copies of documents related to the employee’s working process if requested by the employee. The cost of copying, sending documents is paid by the employer. (Article 48, Labor Code 2019)

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 Code

Contact us at:


Phone: +84 935 439 454.

Leave a Reply

Your email address will not be published.