Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code

H. Trinh
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Abstract

Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.
2019年《劳动法》关于劳动者单方解除劳动合同权利的若干问题
2013年越南宪法第35条规定:“公民有工作、选择职业和工作场所的权利。”这是公民的一项基本权利,并通过一系列不同的条例来规范雇员和雇主之间的劳动关系。《条例》着重规定了劳动者单方解除劳动合同的权利。在本文的研究范围内,作者指出了《2019年劳动法》中关于劳动者单方解除劳动合同权利的若干问题,特别是第三章第三节的规定。为了厘清和深化问题,笔者采用《2019年劳动法》与《2012年劳动法》的比较方法,对劳动者行使单方解除劳动合同权利的理由和程序问题进行了梳理和分析;劳动者依法单方解除劳动合同时的权利义务;劳动者单方面非法解除劳动合同的权利义务。特别是对劳动合同解除的理由、单方面解除劳动合同前的通知期限、遣散费、失业救济等问题进行了深入的分析,突出了积极的一面,同时也指出了目前存在的、影响雇员和雇主的差距。最后,提出了完善劳动关系法律规制,促进劳动关系平衡稳定,促进经济社会可持续发展的若干建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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