How much notice must be given to the employee to unilaterally terminate the labor contract?

How much notice must be given to the employee to unilaterally terminate the labor contract?

The employee is entitled to unilaterally terminate the labor contract at any time; however, upon the termination of the labor contract, they must notify the employer of termination before a specific time limit, specifically:

1. a) at least 45 days in case of an indefinite-term employment contract;
2. b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
3. c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;

The above deadlines only apply to ordinary jobs, not apply to special works and lines.

How much advance notice must be given to Special works and lines?

Special works and lines of business include:

1. a) Aircrew members; aircraft maintenance technicians, aviation repairmen; flight coordinators;
2. b) Enterprise managers defined by the Law on Enterprises; the Law on Management and use of State Investment in Enterprises;
3. c) Crewmembers working on Vietnamese vessels operating overseas; crewmembers dispatched to foreign vessels by Vietnamese dispatching agencies;

Notice time for Special works

1. a) At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;
2. b) At least one fourth (1/4) of the employment contract duration if the duration is less than 12 months.

Cases in which an employee terminates a labor contract without prior notice

• The employee unilaterally terminates the employment contract because the works, working location or working conditions are not as agreed, except in the cases specified in Article 29 of the Labor Code;
• The employee is not paid fully and/or punctually, except in the cases specified in Clause 4 Article 97 of the Labor Code;
• The employee is maltreated, physically or orally assaulted by the employer; he/she is a victim of coercive labor or sexual harassment;
• The employee is pregnant and has to terminate the employment contract as prescribed in Clause 1 Article 138 of the Labor Code;
• The employee reaches the retirement age prescribed in Article 169 of the Labor Code unless otherwise agreed upon by both parties;
• The employer provided false information according to Clause 1 Article 16 of the Labor Code in a manner that affects the execution of the employment contract;

Note: This article is only for informational purposes and is not the legal advice of HTH & Partners. The article belongs to HTH & Partners, so it is subject to change without prior notice.