Terminating a labor contract when an employee is not assigned to the job as agreed in the labor cont

I and A Company Limited have signed a labor contract with the term of 36 months. My position is sales staff. However, my company assigned me the task of looking after the warehouse. I have worked for the company for 6 months and now I want to quit the job. Can I terminate my labor contract and do I have to compensate?   

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

An employee has the right to unilaterally terminate labor contract in the cases stipulated in Clause 1, Article 37 of Labor Code 2012:

1. An employee working under a definite-term labor contract, a seasonal labor contract or performing a certain job of under 12 months may unilaterally terminate the labor contract prior to its expiry in the following cases:

- He/she is not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract;

- He/she is not paid in full or on time as agreed in the labor contract;

- He/she is maltreated, sexually harassed or is subject to forced labor;

- He/she is unable to continue performing the labor contract due to personal or family difficulties;

- He/she is elected to perform a full-time duty in a people-elected office or is appointed to hold a position in the state apparatus;

- A female employee who is pregnant and must take leave as prescribed by a competent health establishment;

- If he/she is sick or has an accident and remains unable to work after having received treatment for 90 consecutive days, in case he/she works under a definite-term labor contract, or for a quarter of the contract’s term, in case he/she works under a labor contract for a seasonal job or a specific job of under 12 months.

Thus, according to the regulation mentioned above, you are allowed to unilaterally terminate labor contract because you are not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract.

Besides, to terminate the contract, the employee must inform the employer at least 03 days in advance under point a, Clause 2, Article 37, Labor Code 2012.

If violating the provision on the time of prior notice, to compensate the employer an amount equivalent to the employee’s wage for working days without prior notice.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Nguyen Thi Hai Nhi

FDVN Law Firm

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