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Employees stop the labor contract themselves without noticing the company in accordance with Labor Law 2019

20/10/2020


Currently, Article 7 of The Labor Law 2012 has pointed out the employees' right to stop the labor contract themselves. When stopping the contract, employees must give a notice to the employers that is said in Article 37, clause 2 of Labor Law.

Till January 1, 2021; based on the Labor Law 2019, employees have to right to stop the labor contract without a notice if they are in circumstances as follows:

- Not being allocated at right job, location or ensured the work condition as in the contract except the sudden cases that the company has to confront with natural disaster, epidemic and fire as the Article 29  of Labor Law;

- Not paid enough salary or paid on time except the case that the company have unavoidable difficulties to pay even though they try their hardest. The payment can be 30 days late only. If the payment is from 15 days late and more, the employers must give a compensation at least the interest of one month salary at in a bank where the employers open an account to pay for employees at the payment time ( based on Article 97, clause 4 of Labor Law 2019);

- Being bullied, beaten or attacked, insulted that affect badly to the employee's health, human dignity, honor; being forced labour;

- Being sexual harassed at the workplace;

- Female employees who are pregnant need to stop their jobs based on doctor's advice which is assigned at Article 138, clause 1 of Labour Law 2019 as follows:

  • Female employees who have a confirmation from the authorized health care centre on a matter that if they keep working, it will affect badly to the baby, they will have the right to stop  or temporarily suspend the labor contract themselves.
  • In case that employees stop or suspend the labor contract, they have to give a notice to employers accompany with the confirmation letter of the authorized health care centre on a matter that if they keep working, it will affect badly to the baby.

- Being in full retirement age  as Article 169 of Labour Law 2019, except the case that Party A and B have another agreement;

- Employers must provide reliable information for employees about job description, occupational safety and hygiene, salary, payment method, social insurance, health insurance, unemployment insurance, confidentiality policy, technological trade secrets and others directly regarding to the job that the employees ask for ( Article 16 of Labour Law 2019).