Lawyer Tran Van Toan from the law firm Khanh Hung, Hanoi Lawyers Association, answers Nhung's question as follows:

According to Article 34, Clause 9 of the Labor Code 2019, a labor contract (LĐHĐ) terminates when the employee unilaterally terminates the LĐHĐ according to the provisions of Article 35 of this Code.

Article 35 of the Labor Code provides that employees have the right to unilaterally terminate the LĐHĐ but must give notice to the employer as follows:

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

• At least 30 days if working under a definite-term labor contract with a term of 12 to 36 months;

• At least 3 working days if working under a definite-term labor contract with a term of less than 12 months;

• For some special industries, occupations, and jobs, the notice period is carried out according to the government's regulations.

Cases where termination of contract does not require advance notice

The employee has the right to unilaterally terminate the labor contract without advance notice in the following cases:

• Not being arranged according to the agreed job, workplace or not being provided with working conditions as agreed, except as provided in Article 29 of this Law;

• Not being paid in full or being paid late, except as provided in Clause 4, Article 97 of this Law;

• Being mistreated, physically assaulted, insulted, or subjected to acts that affect health, dignity, or honor; being coerced to work;

• Being sexually harassed at the workplace;

• Female workers who are pregnant must take leave according to the regulations in Clause 1, Article 138 of this Law;

• Reaching retirement age as prescribed in Article 169 of this Law, except in cases where the parties have agreed otherwise;

• The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Law that affects the implementation of the labor contract.

Notice period for termination of contract for specialized professions

The notice period for certain specialized professions and jobs is guided by Article 7 of Decree No. 145/2020/NĐ-CP dated December 14, 2020, by the Government as follows:

Specialized professions and jobs include: Flight crew members; aircraft maintenance technicians, aviation repair personnel; air traffic control and operations personnel; business managers according to the provisions of the Enterprise Law; Law on Management and Use of State Capital Invested in Production and Business in Enterprises; seafarers who work on Vietnamese ships operating abroad; Vietnamese enterprise lessees who work on foreign ships.

When an employee works in one of these specialized professions or jobs and unilaterally terminates the labor contract, or when the employer unilaterally terminates the labor contract with these employees, the notice period is as follows:

• At least 120 days for labor contracts without a fixed term or labor contracts with a term of 12 months or more;

• At least one-quarter of the contract term for labor contracts with a term of less than 12 months.

The case of Ms. Tran Thi Hong Nhung, who has been working at a company with a signed labor contract for 6 years, based on her length of employment at this company, it can be determined that she is performing an indefinite-term labor contract. If she does not belong to the case of workers in special industries, occupations, or jobs (as regulated in Point d, Clause 1, Article 35 of the Labor Law and guidance in Article 7 of Decree No. 145/2020/ND-CP), the notice period for unilateral termination of the labor contract is 45 days (as regulated in Point a, Clause 1, Article 35 of the Labor Law).

Ms. Nhung has submitted a resignation letter and given 45 days' notice, but after the 45-day deadline, the company still has not resolved the procedures and benefits related to her resignation, leading to Ms. Nhung being unable to quit her job. In this case, Ms. Nhung has the right to unilaterally terminate the labor contract. This is a legally valid case of unilateral termination of the labor contract.

Based on Article 48 of the Labor Law, within 14 working days from the date of termination of the labor contract, both parties have the responsibility to fully pay all related amounts of money concerning the rights and benefits of each party. The employer has the following responsibilities:

• Completing the procedures to confirm the duration of social insurance payment, unemployment insurance, and returning them along with other original documents if the employer has kept them from the employee.

• Providing copies of documents related to the employee's work process if the employee requests. The cost of copying and sending documents will be paid by the employer.

Lawyer Tran Van Toan

VPLS Khanh Hung, Hanoi Bar Association

This information is a valuable reference for readers and should not be used as legal evidence in litigation.