On November 20, 2019, the National Assembly promulgated the Labor Code No. 45/2019 / QH14 (“Labor Code 2019”) to replace the Labor Code No. 10/2012 / QH13 (“Labor Code 2012”). The 2019 Labor Code will take effect on January 1, 2021. Accordingly, the 2019 Labor Code has introduced a lot of new regulations, one of which is the provisions on the right to unilaterally terminate the Labor Contract of the Employee. Specifically as follows:
1. The right to unilaterally terminate the labor contract of the employee. There are 02 new content, specifically:
Firstly, Previously, the 2012 Labor Code only reserved the right to unilaterally terminate the labor contract without any reason for employees under the indefinite term labor contract. Now, the 2019 Labor Code allows all employees the right to unilaterally terminate the labor contract without any reason, just meet the prior notice time. Specifically:
– At least 45 days if working under a definite-term labor contract;
– At least 30 days if working under a definite-term labor contract with a term of between 12 months and 36 months;
– At least 03 working days if working under a definite-term labor contract with a term of less than 12 months;
– For a number of specific branches, occupations and jobs, the notice period shall comply with the Government’s regulations.
Second, the employee is entitled to unilaterally terminate the labor contract immediately, without prior notice to the employer if:
– Must not be arranged in accordance with the job, the working place or not guaranteed working conditions as agreed;
– Not being paid in full or on time;
– Being mistreated, beaten or verbally abused by the employer, acts that affect the health, dignity and honor; forced labor;
– Sexual harassment at work;
– The female employee is pregnant and has to quit her job;
– Retiring age as prescribed;
– The employer provides dishonest information affecting the implementation of the labor contract;
In summary, the 2019 Labor Code has amended and supplemented a number of contents to enhance the freedom and democracy in labor relations in practice, overcome the situation of “bypassing” the provisions of labor law in unilateral problem of labor contract termination. Expanding the right to unilaterally terminate labor contracts, especially for employees, thereby guaranteeing the freedom to seek better jobs for employees, preventing and eliminating forced labor. In addition, in unilateral termination of labor contracts, the Labor Code 2019 also spent more human life regulations on female employees when the network of pregnant, raising children under 12 months of age; pay more attention to the lives of workers and children.