1. When the contract expires, do I have to write a resignation letter?

Pursuant to the provisions of Article 34 of the 2019 Labor Code, the labor contract terminates upon the expiration of the term recorded in the labor contract signed by both parties. Specifically:

Article 34. Cases of termination of labor contracts

1. Expiration of the labor contract, except for the cases specified in Clause 4, Article 177 of this Code.

2. Completed work according to the labor contract.

3. Both parties agree to terminate the labor contract.

4. The employee is sentenced to imprisonment but is not entitled to a suspended sentence or is not eligible for release as prescribed in Clause 5, Article 328 of the Criminal Procedure Code, is sentenced to death or is prohibited from doing the job recorded. in labor contracts according to court judgments and decisions that have come into legal effect.

5. Foreign workers working in Vietnam are deported according to legally effective court judgments or decisions or decisions of competent state agencies.

6. Death of worker; declared by the Court to have lost civil act capacity, to be missing or to have died.

7. The employer is an individual who dies; declared by the Court to have lost civil act capacity, to be missing or to have died. Employers who are not individuals terminate their operations or are notified by the specialized business registration agency of the Provincial People's Committee that they do not have a legal representative or authorized person to act. rights and obligations of the legal representative.

8. The employee is disciplined and dismissed.

9. The employee unilaterally terminates the labor contract according to the provisions of Article 35 of this Code.

10. The employer unilaterally terminates the labor contract according to the provisions of Article 36 of this Code.

11. The employer dismisses the employee according to the provisions of Article 42 and Article 43 of this Code.

12. Work permits expire for foreign workers working in Vietnam according to the provisions of Article 156 of this Code.

13. In case the probation agreement is stated in the labor contract but the probation is not met or one party cancels the probation agreement.

Based on the above regulations, the time limit agreed in the labor contract between you and the employer has expired, therefore, in this case, your contract automatically ends and you are not required to write an application. resign according to the provisions of Article 35 of the 2019 Labor Code. Accordingly, before the contract expires, the company must notify you that the contract will terminate and request you to hand over the job, if the If the company wishes to continue entering into a contract with you, the two parties can agree to continue signing a fixed-term contract or an indefinite-term contract.

Thus, in case you write a resignation letter and the company does not agree, you still have the right to quit after the contract expires. However, you still need to notify and hand over the job before quitting and request the company to pay wages while you work and request the company to close the book and return the social insurance book. along with the documents the company keeps for you during work time.

2. In what cases do employees need to write a resignation letter?

Although the current Labor Code does not specifically stipulate which cases are required to write a resignation letter and which cases are not. But in order for employees to express their wishes and reasons to the employer to unilaterally resign, they need to write a resignation letter. Cases of unilateral resignation are specified in Article 35 of the Labor Code. 2019 as follows:

Article 35. Right to unilaterally terminate the employee's labor contract

1. The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

a) At least 45 days if working under an indefinite-term labor contract;

b) At least 30 days if working under a fixed-term labor contract with a term from 12 months to 36 months;

c) At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;

d) For some specific industries, professions and jobs, the notice period is implemented according to the Government's regulations.

2. Employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:

a) Not being arranged according to the correct job, working location or not guaranteed working conditions as agreed, except for the cases 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, Article 97 of this Code;

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

d) Being sexually harassed at work;

d) Pregnant female employees must leave work as prescribed in Clause 1, Article 138 of this Code;

e) Full retirement age as prescribed in Article 169 of this Code, unless the parties agree otherwise;

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

3. The most common form of employee resignation letter today

3.1 Some notes when writing a resignation letter

Should a resignation letter be handwritten?

There are no regulations requiring resignation letters to be handwritten or typed. Each of these forms has its own advantages that workers can choose accordingly.

Typed leave applications will be quick, save effort and time for workers, so they are more popular.

However, many people also choose to write a handwritten resignation letter to show the seriousness of the writer and the importance of the application. This also helps convince employers to more easily agree to let employees quit.

Reasons to convince employers

There are many legitimate reasons for employees to resign. Eg:

- Change of residence, move away from current workplace;

- Sickness or illness: you or a family member is sick and must take time off work to take care of you for a long time;

- Not being assigned jobs according to professional expertise;

- Work pressure, capacity not meeting assigned tasks;

- Unsatisfactory remuneration, no opportunities for development and advancement;

- Not being paid in full and on time for a long time;

- Have better working opportunities, suitable to your expertise and working ability;

- Change in career goals: new plans in career or want to work in a different environment;

- Need to focus on learning, improving knowledge and qualifications.

Note the time to submit your resignation letter

According to the provisions of Article 35 of the 2019 Labor Code, from 2021, employees who quit their jobs must give at least 45 days' notice for indefinite-term contracts, and for contracts from 12 - 36 months, they must give at least 45 days' notice. at least 30 days, contracts under 12 months only require at least 3 days' notice; except in the case of unilateral termination of the contract without prior notice.

Accordingly, depending on the type of contract signed and the intended time off, the employee must prepare a job application and send it to the employer in accordance with regulations.

3.2 Sample resignation letter

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

RETIREMENT APPLICATION(1)

To: - Board of Directors of the Company (2)……………………

                                     - Head of Human Resources Department (3)……………………

                                     - Head of department (4).…………………………….

My name is: .............................................. ...................................................

Date of birth: ………………………………………………………

Position (5): .......................................... Department (6): ..............................

I make this application with the following content:

I would like to resign from my job at your Company from (7)….month…. year… with reason(8): ………

I am very satisfied and honored to have worked here in the past time. More (9)…. During my years of working, your Company has done your best to create favorable conditions to help me, as well as give me the good fortune to work with sincere and lovely colleagues in a dynamic and comfortable working environment.

The days working at your company have helped me gain a lot of experience (10) ……………

I would like to sincerely thank the Company for trusting me during the past time and wish the Company sustainable development and achieving more success than expected.

We hope that the Board of Directors of the company will consider and approve my resignation.

While waiting for the approval of the Board of Directors, I will continue to work seriously and hand over the work, assets, and tools to Mr./Mrs. (11): ........ ..........................

Department (12): ................................................

Delivered tasks (13): ……

I pledge to hand over everything to the relevant person before leaving my job.

Thank you very much!

……, day month Year……

                                                                           Applicant

                                                                                (Sign, write full name)

3.3 Sample resignation letter

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

REQUIRED APPLICATION

                                  Dear: - ……………………………………….

                                                  - ………………………………………..         

My name is: ……………………………………………………………………

Date of birth: ……………………………………………………………………

Part: ………………………………………………………………………

I now present this application to request the Board of Directors of the Company to approve my resignation from ………

Reason for resignation: ……………………………………………………………….

I give advance notice of: ………… days from the date of application.

I will hand over the work to: …………………………………………..

Content of assigned tasks: ……………………………………………

I am very satisfied that I have worked for the company in the past time. Thank you to the Board of Directors of the Company for always supporting and helping me in my work.

While waiting for the approval of the Company's Board of Directors, I will continue to work seriously and hand over the work until the last working day.

We respectfully request the Board of Directors to consider and resolve.

I sincerely thank!

   ……, day month Year……

                                                                                           Applicant

                                                                                 (Sign, write full name)