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LABOR CONTRACT TERMINATION

The labor contract is an agreement between the employee and the employer have paid employment, working conditions, rights and obligations of each party in labor relations. When both sides have done their rights and obligations, the contract shall automatically terminate. But in fact, terminate this contract as a result of many different causes. This issue was of particular law in the Labor Code, 2012.

The case of termination of the labor contract is specified and detailed in Article 36 - the Labour Code in 2012.

As defined above, in many cases leading to termination of the labor contract, but one problem Attorneys Ha Do want to mention in this article is "unilaterally terminate the employment contract" of the Workers and labor users

  

As stipulated in Article 38 - the Labour Code in 2012 allows users laborers unilaterally terminate labor contracts in the following cases:

1. a.Nguoi regular workers do not complete the work in accordance with labor contracts;

2. labor b.Nguoi illnesses and accidents were treated for 12 consecutive months for persons under the labor contract does not specify the time limit, has treated 06 consecutive months, for the employees to follow labor contracts with indefinite terms and more than half of the duration of labor contracts for workers under labor contracts for seasonal or under a certain job for less than 12 months without labor ability not recovered . When workers' health recovered, the employee shall be considered to continue labor contracting; Due to natural disasters, fires or other force majeure reasons as prescribed by law, for which the employer has sought all remedies but still forced to downscale production and cut jobs;

3. labor c.Nguoi not present at work after the deadline specified in Article 33 of this Code.

Although the Law has stipulated detailed and clear, but in practice the exercise of the right to unilaterally terminate the labor contract, labor users often suffer from the same basic error: Violation of advance notice, in violation of procedures, unilateral termination procedures .... It is these errors led to significant losses for labor users and also make employers who faced many inconveniences.

For the Workers, the right to unilaterally terminate the labor contract is specified and detailed in Article 37 - The Labour Code, 2012.

As for the labor contract does not specify the time limit, the user may unilaterally terminate the labor contract for any reason and just give notice to the employer at least 45 days. This is one point to Employees terminate labor contracts if not fulfilled its commitments or obligations with labor users.

With practical experience solving this problem, Ha Do Lawyers Law that provisions of law applicable to this case have been some unforeseen circumstances. Can single out the case: after training, acquired knowledge of business, technical sciences, the Laborer done unilaterally terminate the labor contract (indefinite duration) with Enterprises have covered themselves in school.

In this case, simply Employees perform minimal obligation 45-day notice, labor users will have no basis to claim training costs.

Own opinion Ha Do Lawyers Law for this case, the provisions of the law have somewhat unfair labor users. /.

To get accurate advice and timely, you can contact directly with Ha Do Lawyers Law under 24/7 call center consulting: 1900 62 80

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author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

Điện thoại: (024) 730 86 999 / Mobi: 090 45 45 299

Email: infor@hado-law.com / Email: infor.ssv@gmail.com