This guide explains employees’ legal right to unilaterally terminate labor contracts, the circumstances that permit immediate resignation without prior notice, the statutory notice periods for other cases, and the rights and obligations that apply during the notice period. It is intended to help employees understand the relevant provisions of the law, prepare the necessary documentation, and take practical steps to protect their interests while complying with legal requirements.
- Unilateral Right of an Employee to Terminate the Employment Contract
Pursuant to Article 35 of the 2019 Labor Code, an employee has the unilateral right to terminate the employment contract without having to state a reason, provided that the employee complies with the required prior notice period as prescribed by law.
This provision applies to all types of employment contracts, including:
- Indefinite-term employment contracts
- Definite-term employment contracts
- Employment contracts of less than 12 months
- Cases in which the employee may leave immediately without prior notice
In addition to the general rule on the obligation to give prior notice, the law allows an employee to terminate the employment contract immediately in certain special cases in order to protect their legitimate rights and interests.
Specifically, an employee does not need to give prior notice when they fall into one of the following cases:
- The employee is not assigned the correct work, workplace, or working conditions as agreed in the employment contract.
- The employee is not paid full wages or wages are not paid on time as agreed (except in cases of force majeure as provided by law).
- The employee is abused, beaten, insulted, or subjected to conduct that affects their health, honor, or dignity by the employer.
- The employee is forced to perform involuntary labor.
- The employee is subjected to sexual harassment at the workplace.
- A female employee must stop working due to a medical directive from a competent medical facility because of pregnancy.
- The employee has reached the statutory retirement age.
- The employer provided dishonest information when concluding the employment contract that affects contract performance.
- Prior notice periods for unilateral termination of the contract
If the termination does not fall under one of the immediate-leave cases, the employee must give prior notice to the employer according to the following timeframes:
- At least 45 days for an indefinite-term employment contract
- At least 30 days for a definite-term employment contract of 12 to 36 months
- At least 03 working days for an employment contract of less than 12 months
Prior notice should preferably be made in writing (resignation letter or notice of termination) to ensure there is documentary evidence if needed.
- Employee obligations during the notice period
During the notice period, the employment contract remains legally effective. Therefore, the employee must continue to fulfill the following obligations:
- Perform the work specified in the employment contract
- Comply with the employer’s internal labor regulations
- Complete handover of work, documents, and assets as requested by the employer
In return, the employee is still entitled to full wages and benefits as during normal working periods.
Recommendations for employees who unilaterally terminate the employment contract
To ensure the termination is carried out in accordance with regulations and to avoid disputes, employees should note the following:
First, determine the type of employment contract signed to apply the correct prior notice period.
Second, check whether their case falls into the group entitled to immediate leave, especially in situations involving wages, harassment, or working conditions.
Third, retain important documents, for example: the employment contract, payslips, work-related email exchanges, or resignation notices. These documents may be necessary if a dispute arises.
Fourth, perform a clear handover of work, with a handover record if necessary, to avoid incurring liabilities after leaving.
In conclusion, unilateral termination of a labor contract is a protected right designed to balance employee mobility and employer stability. By understanding the legal grounds for immediate resignation, the required notice periods for other situations, and the duties and entitlements during the notice period, employees can exercise this right responsibly and reduce the risk of disputes. Careful documentation, timely communication, and proper handover procedures will help ensure a smooth and legally compliant exit from employment.
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1. Lawyer Vu Thi Phuong Thanh, Chairman of the Members’ Council, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Manager of TLA Law LLC, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
Dinh Phuong Thao