Question:
An employee of my company wishes to resign immediately but does not want to violate the legal requirements regarding the notice period. Under the current regulations, in what specific cases is an employee entitled to unilaterally terminate the employment contract without having to give prior notice to the employer?
Answer:
According to Clause 2, Article 35 of the 2019 Labor Code, normally, when an employee wishes to unilaterally terminate an employment contract, they must comply with the prior notice obligation, with the notice period depending on the type of contract (for example: at least 03 working days for an employment contract of less than 01 month, 30 to 45 days for a fixed-term employment contract, or 120 days for an indefinite-term employment contract applicable to certain specific industries, occupations, and jobs).
However, the current labor laws provide for very specific exceptions. An employee has the right to unilaterally terminate the employment contract without having to give prior notice to the employer if they fall into any of the following cases:
- Not being assigned to the correct job or workplace, or not being provided with the working conditions as agreed: Except in the case where the employee is temporarily assigned to perform a different job from that specified in the employment contract as prescribed in Article 29 of the 2019 Labor Code.
- Not being fully paid or being paid wages late, except for the case specified in Clause 4, Article 97 of the 2019 Labor Code.
- Being mistreated, beaten, or subjected to insulting words or acts, acts affecting their health, dignity, or honor; or being subjected to forced labor.
- Being sexually harassed at the workplace.
- A female employee who is pregnant is required to take leave in accordance with Clause 1, Article 138 of the 2019 Labor Code.
- When the employee reaches the retirement age as prescribed in Article 169 of the 2019 Labor Code, unless otherwise agreed by the parties.
- The employer provides false information as prescribed in Clause 1, Article 16 of the 2019 Labor Code, which affects the performance of the employment contract.
Conclusion:
An employee cannot simply quit their job without giving prior notice, unless they fall into the specific exceptional cases listed in Clause 2, Article 35 of the 2019 Labor Code. Enterprises need to understand these regulations in order to properly handle procedures for termination of employment contracts in accordance with the law and avoid potential labor disputes. If your company needs detailed advice on handling an employee’s resignation, reviewing internal labor regulations, or handling disputes related to termination of employment contracts, please contact SB Law for timely assistance from our team of lawyers and experts.
