THE EMPLOYER UNILATERALLY TERMINATES THE LABOR CONTRACT 

1.1. The Employer unilaterally terminates the Labor Contract without prior notice

According to Clause 1, Article 36 of the Labor Code 2019, the Employer has the right to unilaterally terminate the Labor Contract without prior notice to the Employee, including the following cases:

• Employees often fail to complete the work according to the evaluation criteria in the enterprise’s regulations. Regulations on work evaluation shall be provided by the enterprise in consultation with the representative organization of the employee.
• The employee who is sick or has an accident has been treated for 12 consecutive months for those working under an indefinite-term labor contract or has been treated for 06 consecutive months for those working under a definite-term labor contract with a term of 12 months – 36 months or more than half of the term of the labor contract for those working under a definite-term labor contract with a term of less than 12 months but the ability to work has not recovered.
• When the employee’s health recovers, the employer shall consider to continue entering into the labor contract with the employee.
• Due to natural disasters, fires, dangerous epidemics, enemy disasters or relocation or narrowing of production and business at the request of competent state agencies.
• The employee is not present at the workplace after the period of suspension of the labor contract.
• The employee reaches the retirement age as prescribed by law, unless otherwise agreed.
• The employee voluntarily quits without a valid reason for 05 consecutive working days or more.
• The employee dishonestly provides information as prescribed in Clause 2, Article 16 of the Labor Code 2019 when entering into the labor contract, affecting the recruitment of the employee.

1.2. The employer unilaterally terminates the labor contract with prior notice

Unless the employee is not present at the workplace for 5 days or more or after the period of suspension of the labor contract, the remaining cases in which the enterprise unilaterally terminates the labor contract must notify the employee in advance as follows:

– At least 45 days for indefinite-term labor contracts.

– At least 30 days for labor contracts from 12 months – 36 months.

– At least 03 days for labor contracts of less than 12 months and for cases specified at Point b, Clause 1, Article 36 of the Labor Code 2019.

– For some specific industries, trades and jobs, the notice period shall comply with the Government’s regulations.