In Vietnam, their laws surronding employee's are friendly so you will still have some rights to ensure the company are not unfair.
11 June 2014
| Last updated on 29 June 2017
There are a number of ways in which a labour contract can be terminated in Vietnam. However, the country’s laws are very employee friendly so for an employer to terminate a contract, extenuating circumstances need to be proved. These circumstances include performance issues, prolonged illness, a force majeure event, or winding up of the company. The employer has to give the employee an appropriate number of warning letters and notices showing intention to terminate. If the employer fails to proceed with these statutory regulations before terminating an employee, the repercussions are expensive.
Employee’s resignation - An employee must give a 30 day (fixed term labour contract) or a 45 day (indefinite term labour contract) notice to his/her employer before resigning. A reason for the resignation need not be given.
Employer termination - If an employer has legal grounds for termination he/she must give a 30 day (fixed term labour contract) or a 45 day (indefinite term labour contract) notice to the employee before terminating the contract.
Automatic termination in cases of Force Majeure - Force Majeure is a legal ground for the termination; however employers are required to pay severance to their employees.
Instant dismissal - Instant dismissal usually occurs when an employee commits an act of gross misconduct such as insider trading, theft and embezzlement. Before termination can occur the employee is entitles to a disciplinary hearing.
