Right of unilateral termination of the labor contract of the Employee under the Labor Code 2019 which will take effect on 01 January 2021 will have significant changes compared with the current applicable law, Labor Code 2012. Accordingly, the Labor Code 2019 provides that, the Employee is entitled to unilaterally terminate the labor contract after performing the obligation to notify the Employer in advance corresponding the time limit of each type of labor contracts, specifically 45 days for an indefinite-term labor contract, 30 days for a definite-term labor contract with a term from 12 months to 36 months, and 03 working days for a definite labor contract with a term of under 12 months without giving any reason for termination.

Compared with the applicable the Labor Code 2012, in order to exercise the right to unilaterally terminate the labor contract, besides conducting the obligation of notifying the unilateral termination in advance corresponding time limit of each type of labor contracts, then the Employee who signs the definite-term employment contract is required to provide one of the reasonable reasons for termination as prescribed in the laws.

Besides, for some specific cases, where the Labor Code 2012 still requires the obligation of notice in advance by the Employee, the Labor Code 2019 allows the Employee to unilaterally terminate the labor contract immediately, i.e. (i) the legitimate rights and benefits of the Employee is significantly violated likes not assigning to the proper work nor being paid adequately, etc. (ii) the Employee is sexually harassed or maltreated by the Employer, etc., or (iii) the Employee reaches the retirement age or has inability on health to work due to pregnancy as prescribed in the laws.

It can be seen that the new such changes in the Labor Code 2019 have allowed the Employee to unilaterally terminate the labor contract at any time during the term of the employment, if the Employee is not satisfied with the current job or has a need to look for another better job.