Pursuant to the provisions of Clause 1, Article 8 of Decree 145/2020/ND-CP; Clause 5, Clause 12, Clause 13, Article 34 of the 2019 Labor Code; Clause 5, Article 42 of the 2019 Labor Code; Clause 3, Article 43 of the 2019 Labor Code, cases not eligible for severance pay include:
Employees who have worked for less than 12 months; Employees subject to disciplinary action in the form of dismissal; Employees who unilaterally terminate their labor contracts illegally; Employees who have completed their working time participating in voluntary insurance; Employees who are eligible to receive pensions.
Employees whose labor contracts are terminated in cases where the company changes its structure, technology or for economic reasons or the company splits, separates, merges, sells, leases, converts the type of enterprise or transfers ownership and use rights of assets of the enterprise or cooperative.
Foreign workers working in Vietnam who are subject to deportation under a court's verdict or decision that has come into legal effect, a decision of a competent state agency, an expired labor license or an agreement on the probationary period stated in the labor contract but the probationary period does not meet the requirements or a party canceles the probationary agreement.
