What issues should employees pay attention to when taking leave without notice according to the latest legal regulations in 2023? - Reader Dinh Thai
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| Things employees need to know when taking unannounced leave. (Source: TVPL) |
What is a horizontal break?
Currently, there are no regulations clearly explaining the concept of temporary leave. However, based on the provisions of the 2019 Labor Code, temporary leave can be understood as a case where an employee unilaterally terminates the labor contract but does not comply with the regulations on the notice period for the employer as prescribed in Article 35 of the 2019 Labor Code and Article 7 of Decree 145/2020/ND-CP.
Can I receive a one-time social insurance payment if I take a break?
Accordingly, based on the provisions of Clause 1, Article 60 of the Law on Social Insurance 2014 and Clause 1, Article 1 of Resolution 93/2015/QH13, in case an employee participates in compulsory social insurance after one year of leaving work but has not paid social insurance for 20 years, he/she can withdraw social insurance one time upon request, regardless of whether the leave is legal or illegal.
Can I get my social insurance book if I take a break?
According to Article 48 of the 2019 Labor Code, employers have the following responsibilities:
- Complete the procedure for confirming the period of social insurance and unemployment insurance payment and return it along with the original copies of other documents if the employer has kept them from the employee;
- Provide copies of documents related to the employee's work process if requested by the employee. The cost of copying and sending documents is paid by the employer.
Thus: In case the labor contract is terminated, the employer is responsible for completing the procedure to confirm the period of social insurance and unemployment insurance payment and return the social insurance slip to the employee (currently the social insurance book is kept by the employee).
Therefore, even in the case of an employee quitting without notice, the employer is still responsible for closing the book and returning the social insurance slip to the employee according to regulations.
Is there a paid leave?
According to regulations, within 14 working days from the date of termination of the labor contract, the employer is responsible for fully paying all amounts related to the employee's benefits, including salaries, allowances, etc.
Therefore, regardless of whether the employee takes a leave of absence or not, the employer is responsible for paying the employee for the days he or she has worked according to regulations.
Can I get unemployment insurance if I quit my job?
According to regulations, if an employee voluntarily quits without notice or fails to give notice within the time limit prescribed in the 2019 Labor Code, it is considered an illegal unilateral termination of the labor contract.
Therefore, if an employee quits abruptly, he/she does not meet the conditions for unemployment benefits as prescribed above. This means that an employee who quits abruptly is not entitled to unemployment benefits.
Can I get maternity pay when I give birth?
According to regulations, even if an employee has quit his job, as long as he meets the requirements for mandatory social insurance payment time, he will be entitled to maternity benefits when giving birth, regardless of whether the employee quits his job legally or illegally (half-time leave).
Therefore, in case an employee takes a leave of absence, he/she will still receive maternity benefits when giving birth if he/she meets the above conditions on compulsory social insurance participation time.
Do I have to pay compensation to the company for taking a leave of absence?
According to regulations, if an employee quits without notice, he/she must compensate the company or enterprise with half a month's salary according to the labor contract and an amount equivalent to the salary according to the labor contract for the days without notice.
In addition, employees must also reimburse the company or enterprise for training costs. Training costs include expenses with valid documents on costs paid to teachers, learning materials, schools, classes, machines, equipment, practice materials, other costs supporting learners, and salaries, social insurance, health insurance, and unemployment insurance for learners during the training period. In case employees are sent for training abroad, training costs also include travel and living expenses during the training period.
Legal consequences when employees quit without notice?
Pursuant to Article 39 of the 2019 Labor Code, if an employee violates the regulations on notice period before quitting a job, it is considered an illegal unilateral termination of the labor contract.
Pursuant to Article 40 of the 2019 Labor Code, employees who unilaterally terminate their labor contracts illegally will:
- No severance pay.
- Must compensate the employer half a month's salary according to the labor contract and an amount equivalent to the salary according to the labor contract for the days without notice.
- Must reimburse the employer for training costs as prescribed in Article 62 of the 2019 Labor Code.
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