03 regulations workers need to know

Can I resign before the end of my employment contract? Do I need to give notice in advance? Please refer to the article below.

Xin nghỉ việc khi chưa hết hạn hợp đồng lao động: 03 quy định người lao động cần biết

1. Do employees have the right to resign before the contract expires?

Clause 1, Article 5 of the 2019 Labor Code stipulates the rights of employees as follows:

Article 5. Rights and obligations of employees

1. Employees have the following rights:

a) Work; freely choose work, workplace, occupation, vocational training, improve professional qualifications; not be discriminated against, forced labor, or sexually harassed at work;

…

d) Unilateral termination of the employment contract;

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g) Other rights as prescribed by law.

…

Thus, employees have the right to resign before the contract expires (can agree to terminate the labor contract or unilaterally terminate the labor contract).

2. How many days notice do I need to give to quit my job before the end of my employment contract?

(i) In case of agreement to terminate the labor contract: Implement according to the agreement to terminate the labor contract.

For example, an employee requests to resign and agrees with the employer to work until November 29, 2023 and the employer agrees. In that case, the employee is required to work until November 29, 2023 before being allowed to resign.

(ii) In case of unilateral termination of labor contract:

- Employees have the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

+ At least 45 days if working under an indefinite-term labor contract;

+ At least 30 days if working under a fixed-term labor contract with a term of 12 to 36 months;

+ At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;

+ For certain specific industries, occupations and jobs, the notice period is implemented according to Government regulations.

- Employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:

+ Not being assigned to the correct job or workplace or not being guaranteed working conditions as agreed, except in the cases specified in Article 29 of this Code;

+ Not being paid in full or not being paid on time, except for the cases specified in Clause 4, Article 97 of the 2019 Labor Code;

+ Being abused, beaten or verbally or physically abused by the employer, or having actions that affect health, dignity, or honor; being forced to work;

+ Sexual harassment at work;

+ Pregnant female employees must take leave according to regulations in Clause 1, Article 138 of the 2019 Labor Code;

+ Reach retirement age as prescribed in Article 169 of the 2019 Labor Code, unless otherwise agreed by the parties;

+ The employer provides dishonest information as prescribed in Clause 1, Article 16 of the 2019 Labor Code, affecting the performance of the labor contract.

Legal basis: Article 35 of the 2019 Labor Code, Article 7 of Decree 145/2020/ND-CP