Will the labor contract be terminated in case the employee is handled with a suspended sentence?

Will the labor contract be terminated in case the employee is handled with a suspended sentence?
Posted date: 10/08/2021

I and my neighbor had a pre-existing conflict due to a dispute over the passage. In a drunken time, unable to control my behavior, I beat my neighbor and injured him.

After that, he reported to the police and I had to come to the police officer. Then, I was arrested but released on bail. The People's Court of district-level tried and sentenced me to 1 year in prison but suspended the sentence. I also appealed to the provincial court to reduce the punishment.

I had been working for a Food Manufacturing Company under an Indefinite Term Contract before the sentence. Because my family is currently facing a very difficult time, I want to ask if the sentence against me is effective and I am entitled to a suspended sentence, will I be able to continue working at the Company. Thank you.

FDVN’s Opinions:

According to Clause 5, Article 36 of Labor Code 2012 on the right of an employer to unilaterally terminates the employment contract: “The employee is sentenced to imprisonment or death or is prohibited from performing the job stated in the labor contract under a legally effective judgment or ruling of a court.”

Now, the Labor Code 2012 has expired, and according to Clause 4, Article 34 of the Labor Code 2019 (currently in effect) on the right of an employer to unilaterally terminates the employment contract as follows: “The employee is sentenced to imprisonment without being eligible for suspension or release as prescribed in Clause 5 Article 328 of the Criminal Procedure Code, capital punishment or is prohibited from performing the work stated in the employment contract by an effective verdict or judgment of the court..”

Thus, in the provisions of labor contract termination, there is no case showing that when the employee is sentenced but enjoys a suspended sentence, the Labor Contract will be terminated. Therefore, in case you receive a suspended sentence, you can continue to work at the Company.

Mai Quốc Việt – FDVN Law Firm


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