Question 17: Can the Employee’s leave without reason be considered as an unlawful unilateral termination of an LC?

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Some enterprises now tend to issue the decision on unilateral termination of LCs for the reason that Employees leave jobs without reason as they think this is an unlawful unilateral termination of LCs by Employees. However, currently the Labor Code and relevant guiding documents do not have any provisions regulating that Employers may issue the decision on unilateral termination of LCs if Employees leave jobs without reasons. Therefore, in this case, Employers must impose the disciplinary action of dismissal on those Employees if this disciplinary action meets the conditions required by law and the ILRs which have been registered with the local labour management agency.

In practice[1], the Department of Labour, Invalids and Social Affairs of Ha Noi City has issued Official Letter No. 3544/SLĐTBXH-LĐTLBHXH dated 28/11/2017 to provide a solution for this issue. Accordingly, the Department of Labour, Invalids and Social Affairs of Ha Noi City also contends that Employers must consider imposing the disciplinary action of dismissal on the Employees who leave jobs without giving reasons, instead of viewing this as an unlawful unilateral termination of LCs by Employees.

[1]https://doanhnghiep.chinhphu.vn/Chi-tiet-kien-nghi/nguoi-lao-dong-lien-tuc-nghi-viec-khong-tuan-thu-cac-quy-dinh-cua-luat-lao-dong/10077.html