THE BOSS HARM THE HONOR OR DIGNITY, DOES THE EMPLOYEE HAVE THE RIGHT TO LEAVE THE JOB WITHOUT CONSENT?

Currently, I am working as a secretary for a foreign business owner, with a fairly high salary. Everyone admires it when looking. However, my boss has a bad temper, as long as the mood or work is not good, he will pull me out to scold, or even have insulted me. Every day I go to work, I feel very pressured, it becomes an obsession. I went to the doctor and the doctor also concluded that I have a stress disorder. So one day, I can’t stand it anymore, can I quit my job without asking permission? Will I be paid a salary or other benefits?

Answer:

Thank you for sending your question to FDVN Law Firm (“ FDVN ”). For the consulting requests of customers, after studying the relevant legal regulations, FDVN has some exchanges as follows:

According to Point c, Clause 2, Article 35 of the Labor Code 2019, an employee has the right to unilaterally terminate a labor contract without prior notice if:  he/she is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will “;

Thus, based on the above provisions, in case your boss has insulted you, affecting your honor and dignity, you can completely quit your job without having to advance notice under labor law. However, you should also note that to avoid a dispute about the termination of the contract, you should collect evidence such as audio recordings, video recordings, diagnoses or conclusions of doctors related to your disease; … to prove that your honor and dignity have been violated, affecting your psyche and health.

If the unilateral termination of the labor contract is legal, you will be entitled to the following regimes:

1. Paid salary:

According to the provisions of Clause 1, Article 48 of the Labor Code 2019,within 14 working days from the date of termination of the labor contract, the two parties are responsible for fully paying the sums related to the interests of each party, except in cases where the employer is not an individual terminates the operation; the employer changes structure, technology or for economic reasons; division, separation, consolidation, merger; sale, lease, change the type of business; transfer of ownership, right to use assets of enterprises or cooperatives; due to natural disaster, fire, enemy sabotage or dangerous epidemic may be extended but not more than 30 days.

2. Receive severance pay

According to the provisions of Article 46 of the Labor Code, in addition to the salary payment, the employer is responsible for paying severance allowance to the employee who has worked regularly for at least 12 months. Each year of work will be worth half a month’s salary, specifically:

Severance pay

=

1/2

x

Salary for calculating severance pay

x

Working time to calculate severance pay

In there:

• The qualified period of work as the basis for calculation of severance allowance shall be the total period during which the employee actually worked for the employer minus the period over which the employee participated in the unemployment insurance in accordance with unemployment insurance laws and the period for which severance allowance or redundancy allowance has been paid by the employer.
• The salary as the basis for calculation of severance allowance shall be the average salary of the last 06 months under the employment contract before the termination.

3. Receive unemployment benefits:

When fully meeting the conditions as prescribed in Article 49 of the Employment Law 2019, the employee will be entitled to the monthly unemployment allowance according to the following formula:

Monthly benefit rate

=

60%

x

Average monthly salary on which unemployment insurance premiums are based of the preceding 06 months before unemployment

In which: the unemployment benefit period is determined according to the number of months of unemployment insurance premium payment:

• Pay unemployment insurance for full 12 – 36 months: Enjoy 03 months of allowance;
• After that, for every additional 12 months of paying unemployment insurance premiums: Receive an additional 01 month of allowance;
• Maximum benefit period is 12 months.

In addition, the employee also has the employer complete the procedure to confirm the time of payment of social insurance, unemployment insurance and return it together with the original other documents (if any). At the same time, have the right to request the enterprise to provide copies of documents related to its working process ( Copying and sending documents are paid by the employer ).

The above is FDVN’s advice regarding your request for advice based on studying legal regulations. Hope FDVN’s advice will be useful to you.

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