Contents
1. The obligations of an employer when unilaterally terminating a labor contract illegally include:
– The employee must be admitted back to work under the signed labor contract; must pay wages, pay social insurance, health insurance, unemployment insurance during the days when the employee is not allowed to work and must pay the employee an additional amount equal to at least 02 months’ salary according to the labor contract.
After being readmitted to work, the employee shall refund to the employer the severance allowance, job loss allowance if received from the employer.
In case there is no longer a position or job entered into in the labor contract but the employee still wants to work, the two parties shall agree to amend and supplement the labor contract.
In case of violation of the provisions on the notice period specified in Clause 2, Article 36, Labor Code 2019, an amount corresponding to the salary under the labor contract must be paid for the days without prior notice.
– In case the employee does not want to continue working, in addition to the payment specified in Clause 1, Article 41, Labor Code 2019, the employer must pay a severance allowance as prescribed in Article 46, Labor Code 2019 to terminate the labor contract.
– In case the employer does not want to take back the employee and the employee agrees, in addition to the amount the employer must pay as prescribed in Clause 1, Article 41, Labor Code 2019 and severance allowance as prescribed in Article 46, Labor Code 2019, The two parties agree on an additional compensation for the employee but at least equal to 02 months’ salary according to the labor contract to terminate the labor contract. (Article 41, Labor Code 2019)
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)
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