There are 7 subjects who will be fired without notice.

According to Clause 2, Article 35 of the 2019 Labor Code, from January 1, 2021, employees (workers) have the right to unilaterally terminate the labor contract (labor contract) without prior notice to the employer (employer) in the following cases:

1.Employees are not assigned to the correct job or work location or are not guaranteed working conditions as agreed, except in cases where transferring employees to work other than that specified in the labor contract is necessary to overcome sudden difficulties caused by natural disasters, fires, dangerous epidemics, to apply measures to prevent and overcome work-related accidents, occupational diseases, electricity and water incidents, or due to production and business needs.

2.Employees are not paid in full or are not paid on time, except in cases of late payment due to force majeure as prescribed in Clause 4, Article 97 of the Labor Code.

3.Employees are abused, beaten, or verbally or physically abused by employers, or are subjected to actions that affect their health, dignity, or honor; or are forced to work.

4.Employees are sexually harassed at work.

5.Pregnant female employees must take leave according to the provisions of Clause 1, Article 138 of the Labor Code.

6.Employees must reach retirement age as prescribed in Article 169 of the Labor Code, unless otherwise agreed by the parties.

7.Employers provide dishonest information to employees that affects the implementation of the labor contract, including information such as: work, workplace, working conditions, working hours, rest hours, occupational safety and hygiene, wages, forms of payment, social insurance, health insurance, unemployment insurance, regulations on protecting business secrets, protecting technological secrets and other issues directly related to the conclusion of the labor contract as requested by the employee.

What are the advantages and disadvantages of quitting without notice for employees?

In practice, in labor relations in Vietnam, employees are often in a weaker position and are dependent on the decisions of the employer. Eliminating the obligation to notify before leaving the job will reduce the conditions for employees when they exercise their legal rights, helping to quickly terminate the labor contract in cases where it is not necessary to continue maintaining the labor relationship, such as when the parties have conflicts due to the employer's violation of the labor contract that affects the employee's rights (such as not assigning the right job, working location, not paying the correct/full salary, providing dishonest information to the employee, etc.); or when there is a violation that seriously affects the physical and mental health of the employee (such as the employee being abused, beaten, insulted, sexually harassed or forced to work, etc.).

In particular, if the provision on prior notice is maintained, in cases of abuse, beating, insults, sexual harassment or forced labor, the requirement for employees to continue working to meet the notice period will have an even more severe impact on them, indirectly encouraging employers to continue committing the above violations.

In addition, adding rights to employees also contributes to enhancing the responsibility of employers when implementing labor contracts, limiting violations by employers against employees; at the same time, reducing the burden on the Court to resolve related labor disputes.

In addition, in cases where it is mandatory to terminate the labor contract when the employee meets certain criteria (such as retirement), the requirement to notify in advance is unnecessary because the enterprise already has the employee's information and can take the initiative in arranging and deploying personnel.

On the employer side, this regulation may cause some difficulties in human resource management. When an employee suddenly quits, the employer may not have a plan to replace the employee, causing disruption to the unit's operations. Or in the case of a female employee who is pregnant but conceals the information, the business may also encounter difficulties due to being in a passive position and the fault is not on the business side.