According to Vietnamese law, Is it possible to terminate the labor contract when stealing from the company?

Nội dung chính

• In Vietnam, is the labor contract terminated when stealing from the company?
• In Vietnam, what are the main contents of a labor contract?

In Vietnam, is the labor contract terminated when stealing from the company?

In Article 125 of the Labor Code 2019, there are provisions on applying the form of dismissal as follows:

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

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Article 34 of the Labor Code 2019 provides for cases of termination of labor contracts as follows:

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8. The employee is dismissed for disciplinary reasons.

9. The employee unilaterally terminates the employment contract in accordance with Article 35 of this Code.

10. The employer unilaterally terminates the employment contract in accordance with Article 36 of this Code.

11. The employer allows the employee to resigns in accordance with Article 42 and Article 43 of this Code.

12. The work permit or a foreign employee expires according to Article 156 of this Labor Code.

13. The employee fails to perform his/her tasks during the probationary period under the employment contract or gives up the probation.

According to current regulations, in case of theft at the company, you may be fired. In case the employee is fired, the labor contract will be terminated in Vietnam.

In Vietnam, what are the main contents of a labor contract?

In Clause 1, Article 21 of the Labor Code 2019, there are provisions on the content of a labor contract as follows:

1. An employment contract shall have the following major contents:

a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

c) The job and workplace;

d) Duration of the employment contract;

dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;

e) Regimes for promotion and pay rise;

g) Working hours, rest periods;

h) Personal protective equipment for the employee;

i) Social insurance, health insurance and unemployment insurance;

k) Basic training and advanced training, occupational skill development.

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