Can an employer unilateral terminate a labor contract prior to its expiry ?

Hi DMS Attorney in Vietnam! I work in the HR department of a company in Da Nang, Vietnam.  What are the consequences if employees do not come in to work ? Can you advise me if there is any situation whereby an employer can unilateral terminate a labor contract prior to its expiry ? What is the required length of notice for termination of a labor contract in Vietnam ?

Hi!

The right to unilaterally terminate the labor contract of the employer:

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

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

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.

The employer has to reduce the production and vacancies after taking all measures to overcome the consequences from natural disasters, fire or other force majeure as stipulated by law;

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

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

At least 45 days for labor contracts without fixed term; 

At least 30 days for fixed-term labor contracts

At least 03 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 (Article 38 The Labor Code No. 52/VBHN-VPQH dated December 10, 2018).

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Early termination of an employment contract in Vietnam