When can an employee unilaterally terminate the labor contract?

The employee unilaterally terminate the labor contract is a legal right, but it must be implemented in accordance with the law. Understanding the relevant cases, procedures, and rights helps employees protect themselves and avoid unnecessary disputes. This article will analyze in detail the legal provisions on the above issue.

When does an employee unilaterally terminate the labor contract?

According to the provisions of Clause 1, Article 35 of the Labor Code 2019, employees have the right to unilaterally terminate the labor contract but must notify the employer in advance with the following deadline:

• 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 from 12 months 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 some industries, professions, and specific jobs, the notice period is implemented according to the Government’s regulations.

Cases where the employee unilaterally terminate the labor contract without prior notice

Employees have the right to unilaterally terminate the labor contract without prior notice in the cases specified in Clause 2, Article 35 of the Labor Code 2019. Specifically, the following cases:

• Not being assigned to the right job, working location or not guaranteed working conditions as agreed, except for the case specified in Article 29 of the Labor Code 2019.
• Not being paid in full or not paid on time, except in the case specified in Clause 4, Article 97 of the Labor Code 2019.
• Being mistreated, beaten, or subjected to humiliating words or actions by the employer, or acts that affect health, dignity, or honor; forced labor.
• Being sexually harassed at work.
• Pregnant female employees must quit work according to the provisions of Clause 1, Article 138 of the Labor Code 2019.
• Full retirement age as prescribed in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties.
• The employer provides dishonest information as prescribed in Clause 1, Article 16 of the Labor Code 2019, affecting the implementation of the labor contract.

>>> See more: Company Terminates Labor Contract Before Expiration: What Should You Note?

Benefits when the employee unilaterally terminate the labor contract

When unilaterally terminating a legal labor contract, the employee can enjoy the following benefits:

• Severance allowance: According to the provisions of Article 46 of the Labor Code 2019, employees who work regularly for 12 months or more are entitled to an allowance of half a month’s salary for each year of employment.
• Payment of salaries and other amounts: The employer must fully pay salaries, bonuses, unpaid annual leave and other amounts related to employee benefits within 14 days from the date of termination of the labor contract.
• Complete the procedure to confirm the time of social insurance and unemployment insurance payment and return it along with the original documents if the employer has kept the employee’s.
• Provide copies of documents related to the employee’s work history if the employee requests. The cost of copying and sending documents is paid by the employer.

Procedures for unilateral termination of an employee’s labor contract

Employee unilaterally terminate the labor contract need to carry out the following procedures:

• Step 1: Send written notice to the employer about unilateral termination of the labor contract.
• Step 2: The employer confirms the termination of the labor contract.
• Step 3: Pay amounts related to employee benefits.
• Step 4: Complete the procedure to confirm the time of payment of social insurance and unemployment insurance and return it along with the originals of other documents (if any);
• Step 5: Provide copies of documents about the employee’s work history if requested. The cost of copying and sending documents is paid by the employer.

Consulting services for unilateral termination of labor contracts of employees

Long Phan provides professional consulting services on unilateral termination of labor contracts for employees. Our services include:

• Consulting on the notice period before terminating the contract;
• Consulting on cases where notice is not required when terminating the labor contract;
• Consulting on the rights of employee unilaterally terminate the labor contract;
• Consulting and guiding the process for employee unilaterally terminate the labor contract;
• Consulting on resolving conflicts that arise when unilaterally terminating labor contracts;
• Consulting and answering other issues related to the employee unilaterally terminate the labor contract.

Frequently asked questions an employee unilaterally terminate the labor contract

Below are frequently asked questions about employee unilaterally terminate the labor contract:

If the employee violates the notice period before unilaterally terminating the contract, what are the legal consequences?

Employees who violate the notice period may have to compensate the employer an amount corresponding to the salary for the days without notice. Additionally, they may not be entitled to severance pay.

Do employees have the right to unilaterally terminate the labor contract during the probationary period?

Yes, the employee has the right to unilaterally terminate the probationary contract without prior notice, but must notify the employer.

In case the employer is late in paying wages, what evidence does the employee need to collect to prove it?

Employees should collect evidence such as salary statements, text messages, emails or recorded conversations related to late salary payments.

If workers are sexually harassed at work, what should they do to protect themselves?

Workers should collect evidence, report the incident to the employer or competent authorities, and may request assistance from organizations protecting labor rights.

Can an employee unilaterally terminate the labor contract if the company changes the working location too far from the original agreement?

If the work location changes too far, causing great difficulty for the employee to travel, the employee has the right to unilaterally terminate the labor contract.

What should employees do if the employer does not fully pay salaries and benefits upon termination of the contract?

Employees can request mediation at a labor conciliation agency or sue in court to protect their rights.

In what form can an employee send a unilateral notice of termination of the labor contract?

Notice should be given in writing. In case of necessity, it can be sent via email or other electronic forms, but it is necessary to ensure that there is evidence of sending and receiving the notice.

Conclude

Unilateral termination of a labor contract is an important decision that needs to be made carefully and in compliance with the provisions of law. If you have any questions or need further advice, please contact Long Phan Consulting Company via the hotline: 0906735386 for timely support.