Termination of an employment contract refers to ending the relationship between the employee and the employer according to cases stipulated by law.

II. Cases of Employment Contract Termination

According to Article 34 of the 2019 Labor Code, there are 13 cases for termination, including six cases where the employee unilaterally terminates, five cases where the employer unilaterally terminates, and two cases through mutual agreement or due to objective conditions:

1. The employee’s contract expires, except in cases where the employee is a member of the leadership of a labor representative organization (Clause 4, Article 177).
2. The employee completes the work as outlined in the contract.
3. Both parties agree to terminate the contract.
4. The employee is sentenced to imprisonment without a suspended sentence or is otherwise restricted from the work stated in the contract due to a legally effective court verdict.
5. A foreign employee in Vietnam is expelled based on a legally effective court verdict or decision from an authorized state body.
6. The employee passes away, or the court declares the employee legally incapacitated, missing, or deceased.
7. The employer, if an individual, passes away or is declared by the court as legally incapacitated, missing, or deceased. If not an individual, the employer discontinues operations, or there is no authorized representative to carry out legal duties.
8. The employee is dismissed for disciplinary reasons.
9. The employee unilaterally terminates the contract.
10. The employer unilaterally terminates the contract.
11. The employer lays off the employee as stipulated by law.
12. The work permit for a foreign employee in Vietnam expires, as regulated in Article 156.
13. When a probationary period specified in the employment contract does not meet requirements or one party terminates the probationary agreement.

In specific cases, the employer is not permitted to unilaterally terminate the employment contract.

III. Benefits of Legally Compliant Contract Termination

Employees are entitled to the protection of their legitimate rights, such as severance pay, job loss allowance, social insurance, health insurance, and unemployment insurance. Employees will also not be liable for compensating the employer for any damages.

Employers are exempt from compensating the employee, avoiding litigation or administrative fines for labor law violations. Employers also maintain their reputation and good relationships with employees.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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