Maltreated at Work: Can an Employee Quit Without Notice?

Yes. An employee who is maltreated or beaten by the employer, or subjected to insulting words or acts, or acts affecting his/her health, dignity, or honor, or who is subjected to forced labor, has the right to unilaterally terminate the labor contract without prior notice (Point c, Clause 2, Article 35 of the Labor Code 2019).

1. When may an employee terminate unilaterally without prior notice?

Clause 2, Article 35 of the Labor Code 2019 provides 7 cases:

• a) Not being assigned the agreed work, workplace, or working conditions;
• b) Not being paid full wages or being paid late;
• c) Being maltreated or beaten by the employer, or subjected to insulting words or acts, or acts affecting his/her health, dignity, or honor; being subjected to forced labor;
• d) Being sexually harassed at the workplace;
• dd) A pregnant female employee who must take leave as prescribed;
• e) Reaching retirement age as prescribed;
• g) The employer providing dishonest information affecting the performance of the labor contract.

2. Benefits when terminating lawfully

When unilaterally terminating the labor contract in accordance with the law, the employee is entitled to full benefits: wages for days worked, severance allowance (if eligible), social insurance book finalization, and other amounts as agreed. The employer may not retain the employee’s personal papers or diplomas.

3. What should employees note?

• Collect and preserve evidence of maltreatment, beating, or insults (messages, recordings, photos, witness statements, medical examination records);
• Send a written termination notice stating the grounds clearly;
• In addition to the right to terminate, the employee may denounce the violation to the competent authority; acts of maltreating or beating employees may be subject to administrative penalties or criminal liability depending on severity.

Notes on applying current legal provisions

The right to terminate unilaterally without prior notice arises only in one of the 7 cases in Clause 2, Article 35; terminating on improper grounds may be deemed unlawful unilateral termination and the employee may have to pay compensation. If you need advice, please contact an ANT Legal lawyer at 0966.475.966.

How can ANT Legal help?

ANT Legal advises on lawful termination of labor contracts, protects employees who are maltreated, harassed, or owed wages, and represents clients in labor disputes.

For quick advice, you may contact a lawyer at 0966.475.966.

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