Unilateral termination of employment contract, how to give notice?

Lawyer Nguyen Thi Hoai Anh, YouMe Law Firm LLC replied:

Clause 1, Article 35 of the 2019 Labor Code stipulates the right of employees to unilaterally terminate labor contracts as follows:

1. Employees have the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

a) At least 45 days if working under an indefinite-term labor contract;

b) At least 30 days if working under a fixed-term labor contract with a term of 12 to 36 months;

c) At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;

d) For certain specific industries, occupations and jobs, the notice period is implemented according to Government regulations.

Article 7 of Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations stipulates the notice period before unilaterally terminating a labor contract for a number of specific industries, occupations and jobs as follows:

Specific industries, occupations, jobs and notice periods for unilateral termination of labor contracts are stipulated in Point d, Clause 1, Article 35 and Point d, Clause 2, Article 36 of the Labor Code as follows:

1. Specific industries, occupations and jobs include:

a) Aircraft crew members; aircraft maintenance technicians, aviation repair specialists; flight dispatchers and operators;

b) Enterprise managers as prescribed by the Law on Enterprises; Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

c) Crew members working on Vietnamese ships operating abroad; crew members re-hired by Vietnamese enterprises to work on foreign ships;

d) Other cases as prescribed by law.

2. When an employee working in the industry, profession or job specified in Clause 1 of this Article unilaterally terminates the labor contract or the employer unilaterally terminates the labor contract with these employees, the notice period is as follows:

a) At least 120 days for indefinite-term labor contracts or labor contracts with a term of 12 months or more;

b) At least one-quarter of the term of the employment contract for employment contracts with a term of less than 12 months.

Thus, employees who unilaterally terminate their labor contracts must notify the employer in advance within the time limit prescribed above.