Question:
I signed a 02-year definite-term labor contract, but I currently want to resign immediately without giving prior notice to the company. Am I required to pay compensation?.
Answer:
Pursuant to Article 35 of the 2019 Labor Code, an employee has the right to unilaterally terminate a labor contract, provided that the statutory notice period is complied with.
For a definite-term labor contract, the employee must provide at least 30 days’ prior notice, except for certain special cases where the employee is entitled to resign immediately without prior notice, including:
- The employee is not assigned to the agreed job, workplace, or working conditions;
- The employee is not paid in full or on time;
- The employee is subjected to abuse, assault, or acts insulting their dignity or honor by the employer;
- The employee is sexually harassed at the workplace;
- A pregnant female employee must stop working as prescribed by a competent medical institution;
- The employee reaches retirement age as prescribed by law;
The employer provides false information affecting the performance of the labor contract.
Where an employee unlawfully terminates the labor contract, pursuant to Article 40 of the 2019 Labor Code, the employee may be required to fulfill the following obligations:
- The employee is not entitled to severance allowance;
- The employee must compensate the employer an amount equal to half a month’s salary under the labor contract;
- The employee must compensate an amount corresponding to the salary for the days of insufficient notice;
- The employee must reimburse training costs (if any).
Therefore, if the employee does not fall within the statutory cases allowing resignation without prior notice, the employee may be required to compensate the company for unlawfully resigning from work
