Compensation level for illegal termination of labor contract

Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:

Article 40 of the 2019 Labor Code stipulates the obligations of employees when illegally unilaterally terminating a labor contract as follows:

1. No severance pay.

2. Must compensate the employer for half a month's salary according to the labor contract and an amount corresponding to the salary according to the labor contract for days without prior notice.

3. Must reimburse the employer for training costs specified in Article 62 of this Code

Article 62 of the 2019 Labor Code regulates vocational training contracts between employers and employees and vocational training costs as follows:

1. Both parties must sign a vocational training contract in case the employee is trained to improve qualifications, vocational skills, or retrain domestically or abroad at the employer's expense, including including funding from partners for employers.

The vocational training contract must be made into 02 copies, each party keeps 01 copy.

2. Vocational training contracts must have the following main contents:

a) Training profession;

b) Location, time and salary during the training period;

c) Time commitment to work after training;

d) Training costs and responsibility to reimburse training costs;

d) Responsibilities of the employer;

e) Responsibilities of employees.

3. Training costs include expenses with valid documents on costs paid to instructors, learning materials, schools, classes, machines, equipment, practice materials, and other costs to support the student. learners and salaries, social insurance, health insurance, and unemployment insurance payments for learners during their schooling period. In case the employee is sent for training abroad, the training cost also includes travel costs and living expenses during the training period.

Thus, when the employee unilaterally terminates the labor contract illegally, he or she must compensate the employer according to the above regulations.