Contents
1. The employee's right to unilaterally terminate the labor contract
In the labor process, if the Employer violates the agreed regulations, the Employee has the right to unilaterally terminate the labor contract. However, in some cases where the parties unilaterally terminate the labor contract without falling under the violating regulations, it is still subject to the provisions of prior notice.
1.1. The employee unilaterally terminates the labor contract without prior notice
- When falling into one of the following cases, the employee does not need to notify in advance according to Clause 2, Article 35 of the Labor Code 2019, including:
- In case the employee is not arranged according to the right job, working location or is not guaranteed the agreed working conditions, unless the employee is transferred to another job.
- A particularly sensitive issue in the labor process is not being paid in full or not paying wages on time.
- The employee is mistreated, beaten or has insulting words or acts, acts that affect health, dignity and honor; subjected to forced labor.
- In addition, in case the employee is sexually harassed at the workplace, the employee has the right to terminate the labor contract immediately and report it to the investigating agency for handling.
- Pregnant female employees who have to quit their jobs may unilaterally terminate the labor contract.
- Employees who reach the retirement age as prescribed by law are automatically entitled to quit their jobs, unless the parties have an agreement to hire elderly employees.
- The Employer provides untruthful information that affects the implementation of the Labor Contract.
1.2. The employee unilaterally terminates the labor contract with prior notice
Cases where the employee does not fall into the natural cases of termination of the labor contract without prior notice. If you want to unilaterally, it is necessary to notify the Employer in advance according to Clause 1, Article 35 of the Labor Code 2019 as follows:
– At least 45 days for indefinite-term labor contracts.
– At least 30 days for labor contracts from 12 months to 36 months.
– At least 03 days for labor contracts under 12 months.
– For some specific industries, trades and jobs, the notice period shall comply with the Government’s regulations.
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