Center for Community Support Development Studies

Legal questions

Can the employer unilaterally terminate the legal labor contract?

The employer can unilaterally terminate the labor contract with the employee in Vietnam legally if it falls into one of the following cases:

– Employees often fail to complete their work under the labor contract;

– Sick or sick employees who have been treated for 12 consecutive months for persons under indefinite definitive labor contracts who have been treated for 6 consecutive months with respect to employees, according to the definite labor contract with the term of between 12 months and 36 months. And more than half of the term of the labor contract for employees who work according to labor contracts according to seasonal labor contracts or for certain jobs with a term of less than 12 months, their working capacity has not yet recovered. When the employee’s health is recovered, the employee shall be considered for further signing of the labor contract;

– Due to natural calamities, fires or other force majeure reasons as prescribed by law, the employer has sought all remedies but still has to reduce production and reduce the workplace; or

– Employees are not present at the place of work after the expiry of the time limit for temporary suspension of the labor contract as prescribed.

In case of unilateral termination of the labor contract, the employer must give advance notice at least 45 days to the indefinite term labor contract or at least 30 days for the labor contract to determine the term or at least 03 working days at the school. Unilaterally terminate the labor contract by case (ii) above or in the case of a labor contract for a seasonal or specific job with a duration of less than 12 months.