Question: Hello, I have some questions regarding the current COVID-19 Situation and employment resignation.
I am currently employed under a legal fixed term contract.
However, the current COVID-19 situation has affected my home country.
And our company has already offered repatriation for its citizens who choose to go back home.
So, my questions are:
1. Would it be acceptable if I file for resignation a week before my flight because the notice for repatriation just came also a week ago.
2. Our classes are now online based, can I continue to work until May 15 for my company and address my resignation on May 15 even if I am in back to my home country?
Answer: I am consultant of SB Law.
Regarding your inquiries about labor contract, we would like to give our opinion as follows:
1. Would it be acceptable if I file for resignation a week before my flight because the notice for repatriation just came a week ago?
Answer: Based on your information, we understand that you have signed a definite-term labor contract with your company.
According to Article 37 of Labor Code 2012, employee working under a definite-term labor contract has right to unilaterally terminate labor contract in the following cases:
“He/she is unable to continue performing the labor contract due to personal or family difficulties”
Your case may fall into Point d, of this Article, which is also regulated on Point c, Clause 2 Article 11 of Decree No. 05/2015/ND-CP as follows:
The employee shall have the right to unilaterally terminate the employment contract at Point d, Clause 1, Article 37 of the Labor Code in case that to help their families that are in trouble with natural disasters, conflagration, hostility, enemy-inflicted destruction, epidemics or relocation which the employee tries to overcome but can not continue to execute the employment contract.
However, when unilaterally terminating the labor contract as the above regulation, you must notify the employer at least 30 days in advance for a definite-term labor contract determined under Point b, Clause 2, Article 37 of the Labor Code 2012.
Except for you and the Company agree to negotiate termination of the labour contract without notification in advance or notify before a week.
2. Our classes are now online based, can I continue to work until May 15 for my company and address my resignation on May 15 even if I am back to my home country?
Answer:
We are of opinion, in this case you should discuss with your company about work from home to avoid disputes arising in the future.
We hope that the above information is useful to you. Should you have any questions, please do not hesitate to contact us.
