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In case of unilateral termination of illegal contracts

Sun, 30 Dec 2018 14:42:19 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - When the employee unilaterally terminates the labor contract illegally, the employee must perform the obligations as prescribed. If the employee does not fulfill the obligation of compensation, the employer may take the case of an individual labor dispute to a competent authority for resolution.

The Ministry of Labor, Invalids and Social Affairs answers some problems of Unisoll Vina Co., Ltd. (in Ben Tre Province) related to unemployment insurance, severance allowances of employees, illegally unilateral termination of labor contracts and annual leave schedule.

Subjects participate in unemployment insurance

Under the provisions of Clause 1, Article 43 of the Employment Law and Article 11 of the Decree No. 28/2015 / ND-CP dated March 12, 2015: An employees works under probation contracts entitled to Maternity or sickness benefits from 14 working days or more without a monthly salary at the unit that is enjoyed to social insurance allowance not subject to unemployment insurance during this period.

Time for calculation of severance allowance

Pursuant to Article 48 of the Labor Code, Article 14 of Decree No. 05/2015 / ND-CP, Article 43 of the Employment Law and Article 11 of Decree No. 28/2015 / ND-CP, employers are responsible for paying severance allowances for employees who have worked regularly for 12 months or more.

Time for the employee to work under the probation contract, the time when the employee leaves and enjoys maternity leave or sick leave from 14 working days or more does not enjoy the monthly salary at the company, but he/she is entitled to social insurance allowance calculated as the actual working time to receive severance allowance.

In case of unilateral termination of illegal contracts

The employee who unilaterally terminate labor contracts illegally is the employee who exercise the right to unilaterally terminate labor contracts in contravention of the cases prescribed in Clause 1, Article 37 of the Labor Code; or contrary to the notice period specified in Clause 2, Article 37 of the Labor Code, or contrary to both Clause 1, Clause 2, Article 37 of the Labor Code.

When the employee unilaterally terminates the labor contract illegally, the employee must perform the obligations stipulated in Article 43 of the Labor Code, in case the employee does not perform the compensation obligation, the employer may bring an individual labor dispute to a competent authority for resolution in accordance with Section 2 Chapter XIV of the Labor Code.

Employers have the right to discipline dismissal

According to the provisions of Clause 3, Article 126 of the Labor Code, when the employee voluntarily leave their jobs for 5 days in a month or 20 cumulative days in a year without plausible reasons, the employer has the right to apply disciplinary dismissal to the employee.

Principles and order of disciplining dismissal shall comply with Article 123 of the Labor Code and Article 30 of the Decree No. 05/2015 / ND-CP dated January 12, 2015. The employee is fired by the employer that is not in the case of unilateral termination of the labor contract to the employee.

The employer has the right to stimulate an annual leave schedule

According to the provisions of Clause 2, Article 111 of the Labor Code, employers have the right to prescribe the annual leave schedule after consulting employees and must notify employees in advance.

Therefore, if the company wants to change the annual leave schedule according to the announced plan, the company must consult the employees' opinion and must notify employees in advance the annual leave schedule that be changed.

 

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

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