Late payment of salary for 2 months, employees have the right to quit immediately

Legal Consulting Department of Lao Dong Newspaper answers:

Point b, Clause 2, Article 35 of the 2019 Labor Code stipulates that employees have the right to unilaterally terminate the labor contract without prior notice in the following cases: Not being paid full salary or paying salary on time, except for cases specified in Clause 4, Article 97 of this Code;

Clause 4, Article 97 of the Labor Code stipulates: In case of force majeure reasons, the employer has taken all measures to remedy but cannot pay the salary on time, it must not be delayed more than 30 days; if the salary is paid late by 15 days or more, the employer must compensate the employee with an amount of money at least equal to the interest of the late payment amount calculated according to the deposit interest rate for a 01 month term announced by the bank where the employer opens a salary account for the employee at the time of salary payment.

Thus, if the company delays paying salary for 2 months, the employee has the right to unilaterally terminate the labor contract immediately without prior notice.

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