6. Additional cases of temporary deferral of labor contracts
There are more 4 cases in which employees are entitled to deferral of their labor contracts, including:
- Employees are called up for military or militia or self-defense service;
- Employee are appointed as managers of single-member limited liability companies of which charter capital is wholly owned by the State.
- Employees are authorized to implement rights and responsibilities of representatives of owners of state capital invested in enterprises.
- Employees are authorized to implement rights and responsibilities on behalf of their employing enterprises with respect to their shares of capital invested in other enterprises.
7. Employees may unilaterally terminate their contracts without cause
- In the 2012 Labor Code, if any employee entering into a fixed-term labor contract wishes to unilaterally terminate his/her labor contract, he/she must give causes as provided in clause 1 of Article 37 in the 2012 Labor Code and meet requirements concerning prior notice period.
- In the 2019 Labor Code, any employee may unilaterally terminate an labor contract without cause provided that he/she meets requirements concerning prior notice period as prescribed in clause 1 of Article 35 (except in cases where prior notice is not required).
8. Additional regulations on cases where employees have the right to unilaterally terminate labor contracts without prior notice
The 2019 Labor Code prescribes special cases where employees are not required to give prior notice, including:
- They have not held agreed-upon job positions or work at predetermined addresses; are not assured of agreed working conditions, unless otherwise prescribed in Article 29 in this Code;
- They have not been paid wages or salaries in full or have been paid late, unless otherwise prescribed in clause 4 of Article 97 in this Code;
- They are maltreated, hit, or are victims of insulting words or acts or other acts affecting their health, dignity and self-respect; are victims of labor coercion;
- They suffer from sexual harassment at workplace;
- Pregnant female employees have to stop working as provided in Article 156 of this Code;
- They are at retirement age as provided in Article 169 in this Labor Code, unless otherwise agreed upon between contracting parties;
- Employers provide false information in breach of clause 1 of Article 16 in this Labor Code, affecting implementation of labor contracts.
9. 02 cases where employers have the right to unilaterally terminate labor contracts without prior notice
Employers have the right to unilaterally terminate labor contracts without prior notice in the following cases:
- Employees have not arrived at workplace within 15 days after the expiration date of deferral of labor contracts.
- Employees deliberately leave work without sound causes for at least 5 consecutive days.
10. Reasonable regulations on the time of resolution and responsibilities of both contracting parties upon termination of labor contracts
- In the 2012 Labor Code, within the duration of 07 working days from the date of termination of labor contract, both parties must fully pay amounts related to rights and benefits of each party; in special cases, such duration may be extended, but restricted to 30 days.
- In the 2019 Labor Code, within the duration of 14 working days from the date of termination of labor contract, both parties must fully pay amounts related to rights and benefits of each party, except the following cases where such duration may be extended, but restricted to 30 days:
+ Employers are not individuals who terminate labor contracts;
+ Employers change organizational structure, technology or make changes due to economic causes;
+ Splitting, division, amalgamation or merger; sale, rental or transformation of the corporate type; transfer of rights to own or use assets of enterprises or cooperatives, occur;
+ Labor contracts are terminated due to natural disaster, conflagration, hostility or dangerous epidemic.
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>> 10 New regulations regarding labor contracts in effect from January 1, 2021 (Part 1)