Regulations on the latest notice of termination of labor contracts in 2023

Could you please explain the latest labor law regulations of 2023 regarding the notification of termination of employment contracts? - Reader Thanh Danh

The latest regulations regarding notification of termination of employment contracts.

Based on the provisions of Article 45 of the 2019 Labor Code, the employer must notify the employee in writing of the termination of the employment contract when the employment contract is terminated in accordance with the provisions of this Code, except in the following cases:

- Employees who have been sentenced to imprisonment but are not granted a suspended sentence or are not eligible for release under Clause 5, Article 328 of the Criminal Procedure Code, or who have been sentenced to death, or who are prohibited from performing the work specified in their employment contract according to a legally effective court judgment or decision.

- Foreign workers employed in Vietnam who are deported pursuant to a legally binding court judgment or decision, or a decision of a competent state agency.

- The worker dies; is declared legally incapacitated, missing, or deceased by the court.

- The employer is an individual who dies; is declared by the Court to be incapacitated, missing, or deceased. The employer is not an individual who ceases operations or is notified by the specialized business registration agency under the Provincial People's Committee that there is no legal representative or authorized person to exercise the rights and obligations of the legal representative.

Note:

+ In cases where the employer is not an individual and ceases operations, the termination date of the employment contract is calculated from the date of notification of cessation of operations.

+ In cases where the employer is not an individual and the specialized agency for business registration under the Provincial People's Committee issues a notice stating that it does not have a legal representative or an authorized person to exercise the rights and obligations of the legal representative as stipulated in Clause 7, Article 34 of the 2019 Labor Code, the termination date of the employment contract shall be calculated from the date of the notice.

Some regulations you need to know about employment contracts.

According to the provisions of the 2019 Labor Code, a labor contract is an agreement between an employee and an employer regarding paid work, wages, working conditions, and the rights and obligations of each party in the labor relationship. If the two parties agree under a different name but the content reflects paid work, wages, and the management, direction, and supervision of one party, it is considered a labor contract. Before hiring an employee, the employer must enter into a labor contract with the employee.

Employment contracts must be concluded in one of the following forms:

- An indefinite-term employment contract is a contract in which the two parties do not specify a duration or a date for the contract's termination.

- A fixed-term employment contract is a contract in which both parties determine the duration and termination date of the contract, for a period not exceeding 36 months from the effective date of the contract.

When a fixed-term employment contract expires and the employee continues to work, the following procedures should be followed:

- Within 30 days from the date the employment contract expires, both parties must sign a new employment contract; during the period before the new contract is signed, the rights, obligations, and benefits of both parties shall be governed by the previously concluded contract;

- If, after 30 days from the expiration date of the employment contract, the two parties do not sign a new employment contract, the previously concluded employment contract becomes an indefinite-term employment contract;

- In cases where both parties sign a new fixed-term employment contract, it can only be renewed once. After that, if the employee continues to work, an indefinite-term employment contract must be signed, except for employment contracts for individuals hired as directors in state-owned enterprises and cases stipulated in Clause 1, Article 149, Clause 2, Article 151, and Clause 4, Article 177 of the 2019 Labor Code.

The employment contract takes effect from the date of signing by both parties, unless otherwise agreed upon by both parties or stipulated by law.

Source: https://baoquocte.vn/quy-dinh-ve-viec-thong-bao-cham-dut-hop-dong-lao-dong-moi-nhat-2023-241981.html