Tiếng Việt
中文 (中国)
Currently, Gen Z with unique and creative ideas is increasingly accounting for a large proportion of the total workforce in Vietnam as well as in the world. Although this new generation has a lot of vitality, they also have many shortcomings, especially in terms of labor discipline, which is reflected in the fact that these young people often voluntarily quit their jobs without notice or notice incorrectly to the employer. Voluntarily quitting is definitely wrong, but the consequences of voluntarily quitting in Vietnam are probably not well known, especially for this new generation of Gen Z.
When leaving a job in Vietnam, the employee needs to notify the employer in accordance with the process specified in the Labor Code 2019 to be considered a lawful unilateral termination of the contract.
Except for the cases of agreement with the employer or the special cases specified in Clause 2, Article 35 of the Labor Code 2019, other acts including notifying insufficiently the prescribed number of days before leaving will be considered illegal unilateral termination of the labor contract.
Regulations on notice before leaving work in Vietnam
According to the law, before leaving work in Vietnam, the employee will have to notify in advance:
a) At least 45 days for an indefinite term labor contract;
b) At least 30 days for a definite-term labor contract with a term of between 12 and 36 months;
c) At least 03 working days for a definite-term labor contract with a term of fewer than 12 months and for the case specified at Point b, Clause 1, Article 36 of the Labor Code;
d) For a number of specific industries, trades, and jobs, the time limit for advance notice shall comply with the Government’s regulations.
Notice here can be made in writing or sent by mail according to the company’s format (resignation letter).
After the full notice period, the employee will receive a decision to resign from the company and the insurance book and salary in accordance with the provisions of the Law.
It should be noted that during this notice period, employees still have to go to work normally, complete daily tasks, and complete the transfer procedure of the work to the company.
The company will be responsible for paying full wages and insurance books for employees within 7 days. Special circumstances may demand the employer to take longer but will not be more than 30 days.
Consequences employees have to bear when voluntarily quitting their jobs
For ordinary employees, the most severe form of punishment that the employer can apply is laying off.
However, most employees voluntarily quit their jobs – unilaterally terminating their labor contracts will often not be interested in being fired.
Instead, the consequences that they need to be more concerned about will be:
- Not entitled to severance allowance or unemployment allowance.
- Must compensate the company a sum of money as stipulated in the labor contract for unilateral termination of the labor contract.
- Must compensate the company with an amount corresponding to the employee’s salary during unannounced days off.
- Must compensate the company’s expenses for training and sending the employees to vocational training in accordance with the law (if any).
- Keep a record of illegal unilateral termination of labor contracts, affecting job prospects in related professions.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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