Rights and Obligations of Employees When Being Dismissed Under Labor Law

In labor relations, dismissal is the most severe form of disciplinary action, which immediately terminates the employment contract. However, not every case gives the employer the legal right to apply this measure. Employees need to clearly understand their rights and obligations when being dismissed to protect their lawful interests and avoid unnecessary damages. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What is dismissal?

According to the Vietnamese Labor Code 2019, dismissal is the highest form of labor discipline, applied when an employee commits serious violations such as:

• Theft, embezzlement, gambling, or intentionally causing injury at the workplace.

• Using drugs within the company premises.

• Disclosing trade secrets, causing serious damage.

• Arbitrarily quitting work for several consecutive days without legitimate reasons.

Rights and Obligations of Employees When Being Dismissed Under Labor Law

2. Employees rights when being dismissed

Even if dismissed, employees still retain rights under the law:

• Right to be informed: Employers must clearly state the reason, evidence, and decision of dismissal.

• Right to appeal or initiate a lawsuit: If the dismissal is deemed unlawful, employees can lodge a complaint with the company, the labor inspectorate, or file a lawsuit at the court.

• Right to receive salary and benefits (if dismissal is unlawful): If the court declares the dismissal invalid, employees are entitled to reinstatement, salary, social insurance, and compensation for damages.

• Right to obtain relevant documents: Even when dismissed, employees can request confirmation of their social insurance contributions to secure future benefits.

3. Employees obligations when being dismissed

Along with rights, employees also have certain obligations:

• Complete handover of work: Employees must return files, data, and company assets before leaving.

• Return company property: Laptops, phones, client records, or seals (if any).

• Comply with confidentiality rules: Employees must not disclose internal information or trade secrets.

• Fulfill financial obligations: Any loans, advances, or financial commitments to the company must be settled.

Rights and Obligations of Employees When Being Dismissed Under Labor Law

4. Legal consequences of unlawful dismissal

If an employer dismisses an employee unlawfully, they must:

• Reinstate the employee.

• Pay full salary and social insurance contributions for the period of unemployment.

• Compensate the employee with at least two months’ salary under the labor contract.

Dismissal is a sensitive issue that directly affects employees’ rights. Therefore, understanding employees’ rights and obligations when being dismissed helps workers better protect themselves. In cases of unlawful dismissal, employees should seek legal advice from a labor lawyer or relevant authorities for timely support.

APOLO LAWYERS