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If employees unilaterally quit their jobs, they must pay compensation amount to companies.

Thu, 27 Sep 2018 09:08:16 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – If an employee unilaterally terminates the labor contract in contravention of the law, he / she shall be considered as unilaterally terminating the labor contract and the employer shall have a right to request the employee to pay a half of month of his salary.

In the process of doing production and business, the Vietnergy (Hanoi) Co., Ltd, encountered problems when many employees voluntarily quit their jobs without any notice to the Company, some cases of quitting jobs,employees send application for reassignment without giving valid reasons or the time of filing the application to the time of quitting their job do not guarantee the notice period as prescribed by law.

Employees who continuously quit their jobs do not comply with the provisions of the labor law, internal labor regulations and labor contract on such a large impact on the production and business activities of enterprises.

Through the Receiving and responding system to recommendations of the company, Vietnergy Co., Ltd would like to request related agencies to guide some problems as follows:

Whether the employee voluntarily leaves his job without any notice to the enterprise, can it be considered unilateral termination of the labor contract under the provisions of Article 41 of the Labor Code 2012? If this case is considered unilaterally termination of the labor contract in contravention of the law Code, how should the enterprise conduct the procedure? How long does the employee unilaterallytake leave that will be considered as unilaterally terminate the labor contract?

In case the employee ceases work in violation of the notice period or does not give reasons for terminating the labor contract in accordance with the provisions of Article 37 of the Labor Code 2012 or violation of both provisions is understood as the employee unilaterally terminating the labor contract in accordance with the provisions of Article 41 of the Labor Code. Can the employer request the employee to pay a half of month salary according to the labor contract as stipulated in Article 43 of the Labor Code 2012? Can the employer compensate the employee's compensation obligation with the obligation to pay the salary of the company?

According to the provisions of Clause 2, Article 47 of the Labor Code: "Within 7 working days from the date of termination of the labor contract, the two parties shall have to fully pay the amounts related to the interests of each party. " However, many cases of workers who leave work but do not return to the company to carry out work transfer, receive salary and social insurance book, how should companies handle? For salaries that employees do not come to receive still retain in the company (in some cases up to several years), how does the company solve?

Regarding this issue, HanoiDepartment of Labor, Invalids and Social Affairs responds as follows:

Clause 1, Article 31 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 the Labor Code:

Dismissal may be applied by an employer as a form of discipline for an employee who has been absent from work without permission for a total of 5 working days within 1 month or 20 days within 1 year without plausible reasons”.

Thus, if the employee voluntarily quit his job without a good reason as stipulated by the labor law, the Company shall consider the application of disciplinary procedures for dismissal in accordance with the above provisions.

Principle and order of handling discipline shall comply with Article 123 of the Labor Code 2012 and Article 30 of the Decree No. 05/2015 / ND-CP.

Compensation obligation when unilateral termination of labor contract is illegal

As stipulated in Article 37, Article 41 of the Labor Code 2012,employees have a right to unilaterally terminate labor contractsprior to its expiry, in which employee working under a definite-term labor contract, a seasonal labor contract or performing a certain job of under 12 months may unilaterally terminate the labor contract prior to its expiry in the particular cases and must ensure compliance with the notice period to the employer; the employee working under the definite term labor contract have the right to unilaterally terminate the labor contract but must comply with the notice period (without reasons for termination).

If the employee unilaterally terminates the labor contract in contravention of the above-said provisions, he / she shall be considered unilaterally terminating the labor contract in contravention of law. In this case, the employer has the right to request the employee to pay half of a month of his / her wage according to the Labor Contract as stipulated in Clause 1, Article 43 of the Labor Code 2012.

Offset of the compensation obligation of the employee with the obligation to pay the salaries of the business is agreed by the two parties, but must comply with the provisions in Clause 2, Article 47, Article 95 and Article 96 of the Labor Code 2012.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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