The enterprise has the right to unilaterally terminate the labor contract if the employee is absent for a long time without a valid reason.

Legal ground:

• Labor Code 2019.

We have received the following question:

TLT Legal, if an employee quits his job without notifying the company, does the company have to notify the employee? We have contacted the employee but have not been able to.

Employees who quit their jobs without notifying the company are not uncommon cases. This leads to employees being absent from work for 5 consecutive working days or more without a valid reason.

Pursuant to Point e, Clause 1 and Clause 3, Article 36 of the Labor Code 2019 as follows:

Article 36. The employer’s right to unilaterally terminate the labor contract

1. The employer has the right to unilaterally terminate the labor contract in the following cases:

e) The employee voluntarily quits the job without a valid reason for 05 consecutive working days or more;

3. When unilaterally terminating the labor contract as prescribed in Point d and Point e, Clause 1 of this Article, the employer does not have to notify the employee in advance.

According to the above provisions, if the employee suddenly quits the job without notifying the enterprise, the enterprise has the right to unilaterally terminate the labor contract.

Pursuant to Clause 1, Article 45 of the 2019 Labor Code as follows:

Article 45. Notice of termination of labor contract

1. The employer must notify the employee in writing of the termination of the labor contract when the labor contract is terminated according to the provisions of this Code, except for the cases specified in Clauses 4, 5, 6, 7 and 8, Article 34 of this Code.

According to the above provisions, when terminating the labor contract, the enterprise must notify the employee in writing, except for the cases specified in Clauses 4, 5, 6, 7 and 8, Article 34 as follows:

• 4. The employee is sentenced to imprisonment but is not entitled to a suspended sentence or is not eligible for release as prescribed in Clause 5, Article 328 of the Criminal Procedure Code, the death penalty or is prohibited from doing the job stated in the labor contract according to the judgment or decision of the Court that has come into legal effect.
• 5. Foreign employees working in Vietnam are expelled according to a court judgment or decision that has come into legal effect, or a decision of a competent state agency.
• 6. Employees die; are declared by the court to have lost civil act capacity, are missing or are dead.
• 7. Employers who are individuals die; are declared by the court to have lost civil act capacity, are missing or are dead. Employers who are not individuals cease operations or are notified by the business registration authority under the provincial People’s Committee that they do not have a legal representative or a person authorized to exercise the rights and obligations of a legal representative.
• 8. Employees are disciplined by dismissal.

Thus, according to the above provisions, when unilaterally terminating a labor contract because an employee suddenly quits without notice, the enterprise must notify the employee in writing. Notification may be made by mail or email.