The Nissin Vietnam Brake Manufacturing Company is a 100% foreign-invested company, specializing in manufacturing and assembling brake systems for motorcycles and cars. Currently, the company signs a labor contract with 1 worker, term of 36 months. However, this worker suffered from epilepsy and fainted four times at work.

The company has repeatedly tell this employee to quit his job, but this employee did not quit despite knowing his condition. Currently the Company wants to terminate the labor contract for this case.

Through the receiving and responding system to businesses’ recommendations, the Company would like to ask, what is the basis of the company to unilaterally terminate the labor contract with this case?

In this regard, the Department of Labor Relations and Wages, Ministry of Labor - Invalids and Social Affairs responded as follows:

Under Clause 1, Article 38 of the 2012 Labor Code and Article 12 of the Government's Decree No. 05/2015 / ND-CP dated January 12, 2015, detailing and guiding the implementation of a number of contents of In the Labor Code, the employer has the right to unilaterally terminate the labor contract in the following cases:

- The employee often does not complete the work under the labor contract. The criteria for evaluating the level of job completion are specified by the employer in the regulations of the company.

- The employee who is sick or has an accident has received 12 consecutive months of treatment for the employee under an indefinite term labor contract, and has received treatment for 6 consecutive months for the employee working under the contract. a definite term and over half of the term of the labor contract for an employee working under a seasonal contract or for a certain job with a term of less than 12 months but his working capacity has not yet recovered.

- Due to natural disasters, fires or force majeure reasons as prescribed by law, the employer has found all remedial measures but is still forced to reduce production, reduce workplaces.

- The employee is not present at the workplace after the period of suspension.

Nissin Vietnam Brake Manufacturing Company is requested to compare the specific situation at the company with the above provisions to have a suitable solution.