When being mistreated, does an employee have the right to unilaterally terminate the labor contract without prior notice?

When being mistreated, does an employee have the right to unilaterally terminate the labor contract without prior notice?

The case where the employee has the right to unilaterally terminate the labor contract without prior notice is stipulated in Clause 2 of Article 35 Labor Code 2019 as follows:

The right to unilaterally terminate the labor contract of the employee

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2. The employee has the right to unilaterally terminate the labor contract without prior notice in the following cases:

a) Not being assigned to the right job, working location or not guaranteed working conditions as agreed, except for the case specified in Article 29 of this Code;

b) Not being paid in full or not paid on time, except for the cases specified in Clause 4 of this Article; 97 of this Code;

c) Being mistreated by the employer, beaten or subjected to humiliating words or acts, or acts that affect health, dignity and honor; forced labor;

d) Sexual harassment at work;

dd) Pregnant female employees must quit their job as prescribed in Clause 1, Article 138 of this Code;

e) Reaching retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties other;

g) The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Code, affecting the implementation of the labor contract.

According to the above regulations, when being mistreated, employees have the right to unilaterally terminate the labor contract without prior notice.

What are the penalties for employers who mistreat workers?

Administrative penalties for employers who mistreat workers are specified in Point a, Clause 4, Article 11 Decree 12/2022/ND-CP as follows:

Violation of regulations on contract performance labor

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4. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on employers who commit one of the following acts:

a) Forced labor or mistreatment of workers but not to the extent of criminal prosecution;

b) Forcing employees to perform labor contracts to repay debts to employers.

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In Clause 1, Article 6, Decree 12/2022/ND-CP stipulates the fine levels as follows:

Fine levels, sanctioning authority and principles applicable to repeated administrative violations

1. The fines prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases specified in Clauses 1, 2, 3, 5, Article 7; Clauses 3, 4, 6 Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine for organizations is 2 times the fine for individuals.

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According to the above regulations, employers who mistreat workers, but not to the extent of being prosecuted for criminal liability, may be subject to administrative sanctions with fines ranging from 50,000,000 VND to 75,000,000 VND.

What is the statute of limitations for administrative sanctions against employers who mistreat workers?

The statute of limitations for sanctioning administrative violations in the field of labor is specified in Clause 1, Article 5 of Decree 12/2022/ND-CP as follows:

Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations.

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Referencing point a, clause 1, Article 6 of the 2012 Law on Handling of Administrative Violations, amended by point a, Clause 4, Article 1 of the 2020 Amended Law on Handling of Administrative Violations, the statute of limitations for sanctioning administrative violations is as follows:

Statute of limitations for handling administrative violations

1. The statute of limitations for sanctioning administrative violations is prescribed as follows:

a) The statute of limitations for sanctioning administrative violations is 01 year, except for the following cases:

Administrative violations of accounting; bill; fees and charges; insurance business; price management; stock; intellectual property; build; seafood; forestry; investigation, planning, exploration, exploitation and use of water resources; petroleum and other mineral activities; environmental protection; atomic energy; management and development of housing and offices; land; dikes; press; publish; production, export, import, and trading of goods; producing and trading banned and counterfeit goods; When managing foreign workers, the statute of limitations for sanctioning administrative violations is 02 years.

For administrative violations of tax, the statute of limitations for sanctioning administrative violations is in accordance with the provisions of law on tax administration;

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Thus, the statute of limitations for administrative sanctions against employers who mistreat workers is 1 year.