How many days notice need to be given when resigning?

During the course of an employment contract, there can be various reasons that lead an employee to resign. One of the common questions that arise is: When is it acceptable to resign, is it necessary to give notice, and if so, how many days in advance should it be done? In this article, Vietnam Law will provide guidance and answer the question: How many days notice need to be needed when resigning?

How many days notice do employees need to give if they want to resign?

In cases where prior notice is required

Under Clause 1, Article 35 of the Labor Code 2019, employees have the right to unilaterally terminate the employment contract but must notify the employer in advance as follows:

• If working under an indefinite-term employment contract: must give notice at least 45 days in advance.
• If working under an employment contract with a fixed term of 12-36 months: must give notice at least 30 days in advance.
• If working under an employment contract with a fixed term of under 12 months: must notify at least 03 working days in advance

Prior notice period for special lines of business

Note that for some specific works and lines of business, the prior notice period is implemented pursuant to Article 7 of Decree 145/2020/ND-CP as follows:

Special works and lines of business include:

• Aircrew members; aircraft maintenance technicians, aviation repairmen; flight coordinators;
• Enterprise managers defined by the Law on Enterprises; the Law on Management and use of State Investment in Enterprises;
• Crewmembers working on Vietnamese vessels operating overseas; crewmembers dispatched to foreign vessels by Vietnamese dispatching agencies

Prior notice period when resigning

When an employee working in special lines of business unilaterally terminates the employment contract, a prior notice shall be provided:

• At least 120 days before the termination date if the employment contract has an indefinite term or a term of at least 12 months;
• At least one-fourth (1/4) of the employment contract duration if the duration is less than 12 months.

In cases where prior notice is not required

In some cases, employees have the right to quit their jobs without prior notice when the employer has committed serious violations of the labor contract or legal regulations. Specifically, pursuant to Clause 2, Article 35 of the Labor Code 2019, employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:

• Not being assigned to the work or workplace or not being provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29;
• Not paid adequately or on schedule, except in case of force majeure;
• Being maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity, or honor; being forced to work against his/her will; being sexually harassed in the workplace
• Pregnant female employees must stop working if there is confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus;
• Reaches the retirement age as specified, unless otherwise agreed by the parties;
• Finds that the employer fails to provide truthful information that affects the performance of the employment contract

How do you determine the number of days of notice? Is it calculated in working days?

Currently, Clause 1, Article 35 of the Labor Code stipulates:

• For employment contracts of 12 months or more, the number of days of notice is calculated in “days” and not “working days” (at least 45 days or at least 30 days).
• However, for employment contracts with a fixed term of under 12 months, it is calculated based on the number of working days (at least 3 working days).

Thus, the prior notice period for cases of signing labor contracts of 12 months or more is determined by regular days, including holidays, Tet, Saturdays, and Sundays, and not by working days, as in cases of signing contracts of less than 12 months.

For example, if an employee signs an indefinite-term labor contract with an enterprise and wants to quit on December 1, 2024, he/she must give notice no later than October 15, 2024.

What is the form of notice before resigning?

Currently, the Labor Code 2019 does not stipulate a form of notice before quitting a job, so employees can proactively call, text, email, write a resignation letter, etc., to notify the responsible department of the enterprise. In addition, this implementation must also be based on the agreement in the labor contract or regulations in the labor regulations.

Can employees cancel their resignation?

Under Article 38 of Labor Code 2019, either party may withdraw the unilateral termination of an employment contract at any time prior to the expiry of the notice period by a written notification, provided that the withdrawal is agreed by the other party.

Thus, if the notice period has not expired, the employee can cancel the request for resignation but must notify in writing and must obtain the consent of the other party.

What are the legal consequences if an employee quits without notice?

Under Article 39 of the Labor Code 2019, unilateral termination of a labor contract in violation of the law is a case of termination of a labor contract that is not by the provisions of Articles 35, 36, and 37 of the Labor Code 2019. Therefore, if an employee violates the provisions on the notice period before quitting a job, it is considered an illegal, unilateral termination of the labor contract.

Under Article 40 of the Labor Code 2019, when an employee unilaterally terminates a labor contract illegally, the legal consequences are as follows:

• Severance allowance is not received.
• Pay the employer a compensation that is worth his/her half a month’s salary plus (+) an amount equal to his/her salary for the remaining notice period from the termination date.
• The employee shall reimburse the employer with the training costs by Article 62 of the Labor Code 2019

Accordingly, 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 the employee is sent for training abroad, the training costs also include travel expenses and living expenses during the training period.

Do employees have to notify their employer in advance when taking personal leave?

Pursuant to Article 115 of the Labor Code 2019, employees are allowed to take personal leave but must notify the employer in the following cases:

• Marriage: 03 days off;
• Marriage of his/her biological child or adopted child: 01 day off;
• Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days off.
• Death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling: 01 day off.

Note: In cases (1), (2), and (3), employees on personal leave will still receive full pay. In case (4), employees on leave will not receive pay.

In addition, employees can negotiate with their employers to take unpaid leave.

Above is the answer to the question: How many days notice need to be given when resigning? If you have any related questions, please contact Viet An Law for the best advice and support!