Employee’s Right to Unilaterally Terminate the Employment Contract
Article 35 of the 2019 Labor Code provides that an employee has the right to unilaterally terminate the employment contract, provided that the statutory notice period is observed, specifically:
- At least 45 days in the case of an indefinite-term employment contract;
- At least 30 days in the case of a fixed-term employment contract with a term of 12 to 36 months;
- At least 03 working days in the case of a fixed-term employment contract with a term of less than 12 months;
- For certain special industries, trades, and jobs, the notice period shall comply with specific regulations issued by the Government.
In addition, the employee is entitled to unilaterally terminate the employment contract without prior notice in the following circumstances:
- The employee is not assigned to the correct job, workplace, or working conditions as agreed in the contract;
- The employee is not paid in full or is not paid on time;
- The employee is subjected to ill-treatment, physical assault, verbal abuse, insulting behavior affecting health, dignity, or honor, or is subjected to forced labor;
- The employee is sexually harassed in the workplace;
- A female employee is pregnant and must stop working pursuant to a doctor’s order;
- The employee reaches the statutory retirement age;
- The employer provides untruthful information that affects the performance of the employment contract.
Accordingly, under normal working conditions, if an employee no longer wishes to continue working for the employer, he or she has the right to unilaterally terminate the employment contract, provided that the statutory notice period is observed. The employee is not required to give notice in the seven exceptional cases listed above.
