Vietnamese
Labor contacts can be terminated for many reasons by employers or employees. When does the employer notify in writing of the termination of labor contracts?
1. 8 cases of notifying in writing of the termination of labor contracts
Article 45, Labor Code 2019 prescribes the notification of termination of labor contracts as follows:
Article 45. Notification of termination of labor contracts
1. The employer shall notify in writing of the employee of the termination of a labor contract in accordance with this Code, except the cases specified in Clauses 4 thru 8, Article 34 of this Code.
Accordingly, the employer shall notify in writing the employee of the termination of the labor contract in the cases as follows:
(1) - Expired labor contract.
(2) - The job(s) stated in the contract has(have) been completed
(3) - The two parties agree to terminate the contract.
(4) - To unilaterally terminate his/her labor contract
(5) - The employer unilaterally terminates his/her labor contract.
(6) - The employee is terminated with the labor contract in the cases of changes in the structure or technology or for economic reasons; division, splitting-up, consolidation, or merger; or sale, lease or transformation of an enterprise; or transfer of asset ownership or use rights of an enterprise or a cooperative.
(7) - The work permit of the employee being a foreign worker in Vietnam expires.
(8) - If the probationary job is unsatisfactory, the two parties shall terminate the signed labor contract or probation contract.
2. Notification form of termination of labor contracts
In accordance with Clause 1, Article 45, Labor Code 2019, the employer shall notify in writing the employee of the termination of a labor contract. Currently, there is no regulations on the notification form of termination of labor contracts for the employees.
3. What is the fine for the employer who fails to notify the worker of the termination
The employer shall take responsibility to notify the employee of the termination of the labor contract in consistent cases. The employer may be sanctioned with administrative violations in accordance with Clause 1, Article 12, Decree No. 12/2022/ND-CP as follows:
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that fails to notify the worker in writing of the termination of the labor contract when such labor contract is terminated as prescribed in the Labor Code, unless otherwise prescribed in Clauses 4, 5, 6, 7 and 8, Article 34 of the Labor Code.
Accordingly, the fine for the employer who is individual ranges from VND 01 - 03 million. The fines to be imposed on organizations shall be double the fines on individuals (Clause 1, Article 6, Decree No. 12/2022/ND-CP).
Therefore, the employer can be imposed a fine up to VND 06 million without notifying the employees in writing.
In accordance with Clause 2, Article 49, Decree No, 12/2022, the Chief Inspector of Departments of Labor, War Invalids and Social Affairs shall have powers for these violations. Therefore, if the employer does not notify in writing of the termination of the labor contract, the employee can report this violation to the Inspector of Departments of Labor, War Invalids and Social Affairs where the company is located.
Here are the regulations on the notification of termination of labor contracts for employees.
