Will self-dismissal cause loss of salary and compensation for the company?

Legal Consulting Department of Lao Dong Newspaper answers:

Self-dismissal is a common term used instead of unilaterally terminating labor contracts illegally.

Clause 1, Article 94 of the 2019 Labor Code stipulates: Employers must pay salaries directly, fully, and on time to employees. In case employees cannot receive salaries directly, employers can pay salaries to people legally authorized by employees.

Article 40 of the 2019 Labor Code stipulates the obligations of employees when unilaterally terminating labor contracts illegally as follows:

1. No severance allowance.

2. Must compensate the employer for half a month's salary according to the labor contract and an amount corresponding to the salary according to the labor contract in the days without prior notice.

3. Must refund employers the training costs specified in Article 62 of this Code.

Clause 3, Article 62 of the Labor Code stipulates as follows: Training costs include expenses with valid documents on expenses paid to teachers, learning materials, schools, classes, machinery, equipment, practical materials, other expenses to support learners and salaries, social insurance contributions, health insurance, unemployment insurance for learners during the study period. In case employees are sent for training abroad, training costs also include travel expenses, living expenses during the training period.

Thus, if a worker voluntarily quits their job (unilaterally terminates the labor contract illegally), they will still be entitled to salary for the days they worked, but must compensate the employer with half a month's salary according to the labor contract and an amount corresponding to the salary according to the labor contract in the days without prior notice and must reimburse the employer for training costs (if any).

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