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Latest regulations on notice of termination of labor contract
Pursuant to Article 45 of the 2019 Labor Code, the employer must notify the employee in writing of the termination of the labor contract when the labor contract is terminated according to the provisions of this Code, except in the following cases:
- Employees sentenced to imprisonment but not suspended or not eligible for release as prescribed in Clause 5, Article 328 of the Criminal Procedure Code, death penalty or prohibited from doing the job stated in the labor contract according to a court judgment or decision that has come into legal effect.
- Foreign workers working in Vietnam are expelled according to a court verdict or decision that has come into legal effect, or a decision of a competent state agency.
- The employee dies; is declared by the Court to have lost civil capacity, is missing or is dead.
- The employer is an individual who dies; is declared by the Court to have lost civil capacity, is missing or is dead. The employer is not an individual who ceases operations or is notified by the business registration authority under the provincial People's Committee that there is no legal representative or person authorized to exercise the rights and obligations of the legal representative.
Note:
+ In case the employer is not an individual and ceases operations, the termination date of the labor contract is calculated from the date of notification of termination of operations.
+ In case the employer is not an individual and is notified by the business registration authority under the provincial People's Committee that he/she does not have a legal representative or a person authorized to exercise the rights and obligations of a legal representative as prescribed in Clause 7, Article 34 of the 2019 Labor Code, the termination date of the labor contract is calculated from the date of notification.
Some regulations you need to know about labor contracts
According to the provisions of the 2019 Labor Code, a labor contract is an agreement between an employee and an employer on paid work, wages, working conditions, rights and obligations of each party in the labor relationship. In case the two parties agree by a different name but the content shows the paid work, wages and management, operation and supervision of one party, it is considered a labor contract. Before accepting an employee to work, the employer must enter into a labor contract with the employee.
Labor contracts must be concluded in one of the following types:
- An indefinite-term labor contract is a contract in which the two parties do not specify the term or the time of termination of the contract;
- A fixed-term labor contract is a contract in which the two parties determine the term and the termination date of the contract within a period not exceeding 36 months from the effective date of the contract.
When the labor contract expires but the employee continues to work, the following shall be done:
- Within 30 days from the date of expiration of the labor contract, the two parties must sign a new labor contract; during the period when the new labor contract has not been signed, the rights, obligations and interests of the two parties shall be implemented according to the signed contract;
- If after 30 days from the date of expiration of the labor contract, the two parties do not sign a new labor contract, the signed labor contract will become an indefinite-term labor contract;
- In case the two parties sign a new labor contract with a fixed term, it can only be signed once more. After that, if the employee continues to work, an indefinite-term labor contract must be signed, except for labor contracts for people hired as directors in state-owned enterprises and the cases specified in Clause 1, Article 149, Clause 2, Article 151 and Clause 4, Article 177 of the 2019 Labor Code.
The labor contract is effective from the date of signing by both parties, unless otherwise agreed by both parties or provided by law.
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