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Answer

Employers who unilaterally terminate labor contracts indefinitely?

question :

Due to a conflict with the leaders of the company, so I got to unilaterally terminate the labor contract with indefinite term. The company only 45 days notice and that has made the provisions of the labor law. Is that true?

reply :

Article 38 and Article 39 of the Labor Code provides for the right to unilaterally terminate the labor contract by the employer:
Article 38

1. An employer may unilaterally terminate the labor contract in the following cases:

a) Employees often do not complete the work under the contract;

b) The employee is disciplined dismissed under the provisions of Article 85 of this law;

c) An employee who works under the labor contract does not specify the duration of illness was treated for 12 consecutive months, workers follow the labor contract indefinite term sickness were treated for six consecutive months and workers follow labor contract less than one year has treated illness than half the duration of labor contracts, labor that possibility has not recovered. When workers' health recovered, they shall be considered for the conclusion of labor contracts;

d) Due to natural disasters, fires or other force majeure reasons that the employer has made every effort to remedy but still forced to downscale production and cut jobs;

e) enterprises, agencies and organizations active termination.

2. Prior to unilaterally terminate labor contracts according to Points a, b and c, Clause 1 of this Article, the employer must consult and agree with the Executive Committee of the local trade union. In case of disagreement, the two parties must be reported to the agency, the competent institution. After 30 days from the date of notification to the labor office, the employer has the right to decide and take responsibility for their decisions. In case of disagreement with the decision of the employer, the union executive committee and employee base have the right to request the settlement of labor disputes in the order prescribed by law.

3. When unilaterally terminate the labor contract, unless otherwise stipulated in Clause 1 of this Article, the employer must notify employees in advance:

a) at least 45 days for a labor contract with indefinite term;

b) at least 30 days for labor contracts with indefinite terms from one year to three years;

c) at least three days for contracts for seasonal workers, according to a certain job that lasts less than one year.

Article 39

The employer shall not unilaterally terminate the labor contract in the following cases:

1. An employee illness or occupational accidents and occupational diseases are treated, nursing as decided by the physician, except as provided in subparagraph c and e, Clause 1 of Article 38 of this Code;

2. An employee is on annual leave, leave for personal matters and other absences employers who allow;

3. The employee is a woman in the case specified in Clause 3 of Article 111 of this Code.



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