Responsibility when terminating labor contract

Lao Dong Newspaper Legal Consulting Office replied:

Article 48 of the 2019 Labor Code stipulates responsibilities when terminating a labor contract as follows:

1. Within 14 working days from the date of termination of the labor contract, both parties are responsible for fully paying all amounts related to the rights of each party, except in the following cases which may be extended but not exceeding 30 days:

a) The employer is not an individual and ceases operations;

b) The employer changes its structure, technology or for economic reasons;

c) Division, separation, consolidation, merger; sale, lease, conversion of enterprise type; transfer of ownership and right to use assets of enterprises and cooperatives;

d) Due to natural disasters, fires, enemy attacks or dangerous epidemics.

2. Salaries, social insurance, health insurance, unemployment insurance, severance pay and other benefits of employees under collective labor agreements and labor contracts shall be given priority in payment in case the enterprise or cooperative is terminated, dissolved or bankrupt.

3. The employer has the following responsibilities:

a) Complete the procedure for confirming the period of social insurance and unemployment insurance payment and return it along with the original copies of other documents if the employer has kept them from the employee;

b) Provide copies of documents related to the employee's work process if requested by the employee. The cost of copying and sending documents shall be paid by the employer.

Thus, when terminating the labor contract, the employer is responsible according to the above provisions.