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Under what circumstances is an employee entitled to unilaterally terminate the labor contract without prior notice to the employer?

Under Clause 2, Article 35 of the 2019 Labor Law, the employee has the right to unilaterally terminate the labor contract without prior notice to the employer in the following cases:

– Not being assigned to the proper job or workplace, or not being provided with working conditions as agreed upon, except for temporarily transferring the employee to perform a different job than the labor contract (not exceeding 60 cumulative working days within 01 year or exceeding 60 cumulative working days within 01 year if the employee agrees in writing) when facing unexpected difficulties due to natural disasters, fires, dangerous epidemics, implementing measures to prevent and overcome occupational accidents, occupational diseases, electrical or water incidents, or due to production or business needs.

– Not being fully paid or not being paid on time, except when the employer pays the salary late for not more than 30 days due to force majeure reasons that the employer has made all efforts to remedy but cannot pay the salary on time.

– Being mistreated, physically abused, or subjected to insulting words or actions that affect the employee’s health, dignity, or honor; being compelled to perform labor against their will;

– Being sexually harassed at the workplace;

– Female workers who are pregnant must leave their jobs with confirmation from authorized medical facilities that continuing work will adversely affect the fetus.

– Reaching the retirement age as specified in Article 169 of the 2019 Labor Law, except in cases where the parties agree otherwise;

– The employer provides dishonest information about the job, workplace, working conditions, working hours, rest periods, occupational safety and hygiene, wages, forms of wage payment, social insurance, health insurance, unemployment insurance, provisions on protecting business secrets, protecting technological secrets, and other issues directly related to the conclusion of the labor contract that the employee requests and affects the performance of the labor contract.

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