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Unilateral termination of labor contracts by the employees

VGP – Employees are allowed to unilaterally terminate labor contracts but have to provide reasons for terminating the labor contracts.

March 18, 2020 9:38 AM GMT+7

Question: What are the circumstances in which employees are allowed to unilaterally terminate the labor contracts without prior notice as stipulated in the Labor Code 2019?

Answer:  The Labor Code 2019 does not require employees to provide reasons for terminating the labor contracts however they must still follow the conditions regarding prior notice similar to the Labor Code 2012.

Under the Labor Code 2019, the employees are allowed to unilaterally terminate the labor contracts without prior notice when in any of the following circumstances:

(i) The employees are not assigned to the proper working position or location, or are under working conditions which are not corresponding to the agreement, except for transferring the employees to other jobs than the labor contracts;

(ii) The employees are not paid salary in full or on time, except for other force majeure circumstances where the employers have sought all remedies but cannot pay the salary on time;

(iii) The employees are abused, beaten or verbally abused by the employers, or the employers have acts that affect health, dignity, and honor of the employees; forced labor;

(iv) The employees are sexually harassed at the workplace;

(v) The employees are pregnant female employees who must quit their jobs;

(vi) The employees reach the retirement ages;

(vii) The employers provide false information which affects the implementation of labor contracts.