AMENDING, SUPPLEMENTING, TERMINATING LABOR CONTRACT

Amending and supplementing labor contract

1. During the performance of labor contract, the party that demands to amend and supplement the labor contract must notify to the other party in advance at least 3 working days of the contents being amended and supplemented.

2. If the agreement is reached, the amendment and supplement of the labor contract must be carried out by concluding the labor contract annex or concluding the new labor contract.

3. If the agreement on the amendment and supplement of the labor contract cannot be reached, the concluded labor contract shall continue to be performed.

Cases of labor contract termination

1. The labor contract expires, except for the case prescribed in Clause 6 Article 192 of this Code.

2. The work under the labor contract is done.

3. Both parties agree to terminate the labor contract.

4. The employee satisfies the requirements of about social insurance duration and pension age as prescribed in Article 187 of this Code.

5. The employee is condemned to imprisonment, to death or prohibited from doing the work in the labor contract according to the legal judgment and decision from the Court.

6. The employee dies, is declared dead, missing or incapable of civil acts by the Court.

7. The employer being an individual dies, is declared dead, missing or incapable of civil acts by the Court; the employer not being an individual stops the operation.

8. The employee is disciplinarily dismissed as prescribed in Clause 3 Article 125 of this Code.

9. The employee unilaterally terminates the labor contract as prescribed in Article 37 of this Code.

10. The employer unilaterally terminates the labor contract as prescribed in Article 38 of this Code; the employer dismisses the employee due to changes in the mechanism, technology or for some economic reasons, or merger, separation of enterprises, cooperatives.

The right to unilaterally terminate the labor contract of employees

1. The employee working under the fixed-term labor contract, casual labor contract or regular labor contract with term under 12 months is entitled to unilaterally terminate the contract sooner in the following cases:

a) The employee is not provided with the right work, the workplace or the working conditions as agreed in the labor contract;

b) The salary is not adequately or punctually paid as agreed in the labor contract;

c) The employee suffers from maltreatment, sexual harassment, coercive labor;

d) The employee or their family encounters difficulties that the labor contract cannot continue to be performed;

dd) The employee is elected to perform specialized duties at elective agencies or designated to hold a position in the State mechanism;

e) The pregnant female employee has to quit job under the direction from competent medical examination and treatment facilities.

g) The employees suffering from sickness or accidents cannot recover after 90 consecutive days of treatment for employees working under fixed-term labor contracts, or one fourth of the contract term for employees working under casual labor contract or regular labor contract with term under 12 months.

2. When unilaterally terminate the labor contract as prescribed in Clause 1 this Article, the employee must notify the employer:

a) At least 3 working days for the cases prescribed in Point a, b, c and g Clause 1 this Article;

b) At least 30 working days for fixed-term labor contracts, 03 working days for casual labor contracts or regular labor contracts with term under 12 months regarding the cases prescribed in Point d and dd Clause 1 this Article;

c) For the cases prescribed in Point e Clause 1 this Article, the advance notice time must comply with the provisions in Article 156 of this Code.

3. The employees working under labor contracts without fixed term are entitled to unilaterally terminate the labor contract but the employer must be notified in advance at least 45 days, except for the case prescribed in Article 156 of this Code.

The right to unilaterally terminate the labor contract of the employer

1. The employer is entitled to unilaterally terminate the labor contract in the following cases:

a) The employee regularly fails to complete the works according to the labor contract;

b) The employee suffering from sickness or accidents cannot recover after 12 consecutive months of treatment for labor contracts without fixed term, after 06 months for employees working under fixed-term labor contracts, or over one half of the contract term for employees working under casual labor contract or regular labor contract with term under 12 months

When the employee recovers, he/she may be considered to conclude the new contract.

c) The employer have to reduce the production and vacancies after taking all measures to overcome the consequences from natural disasters, fire or other force majeure;

d) The employee fails to be present at the workplace after the duration prescribed in Article 33 of this Code.

2. When unilaterally terminating the labor contract, the employer must notify the employee:

a) At least 45 days for labor contracts without fixed term;

a) At least 30 days for fixed-term labor contracts;

c) At least 30 working days for the case prescribed in Point b Clause 1 this Article and for casual labor contracts or regular labor contracts with term under 12 months.

The employer must not unilaterally terminate the labor contract in the following cases:

1. The employee is undergoing treatment for sickness or occupational accidents, occupational illness under the decision from the competent medical examination and treatment facility except for the case prescribed in Point b Clause 1 Article 38 of this Code.

2. The employee is on annual leave, personal leave and other leave permitted by the employer.

3. The female employees prescribed in Clause 3 Article 155 of this Code.

4. The employee is on maternity leave as prescribed by law provisions on social insurance.

Canceling the unilateral termination of the labor contract

Each party is entitled to cancel the unilateral termination of the labor contract before the advance notice time limit expires. The cancellation must be made in writing and agreed by the other party