According to the Article 47 of Labor Code 2012, when terminates the labor contract with the employee, the employer must implement the following contents:
– Regarding to the time limit to notify: at least 15 days before the expiry date of the fixed-term labor contract, the employer must notify the employee in writing of the expiry date of the labor contract.
– Regarding to the payment: Within 07 working days as from terminating the labor contract, both parties are responsible to fully pay the amounts related to each party’s interests. This time limit may be longer if necessary but must not exceed 30 days.
– Regarding to the verification and return of insurance book and documents: The employer is responsible to complete the procedures for certifying and returning the social insurance book and other papers of the employee that have been kept by the employer.
– In case the enterprise or cooperative is shut down, dissolve or bankrupt, the salary,severance pay, social insurance, medical insurance, unemployment insurance and otherbenefits of the employee under the collective labor agreement and the signed laborcontract shall be paid first.
As the same to the employer, when illegally unilaterally terminates the labor contract, the employee must implement the following obligations:
– Regarding to the severance pay: Being ineligible for severance pay and paying compensation equivalent to the halfmonth salary under the labor contract to the employer.
– Regarding to the compensation: For violations of the advance notice time, the employer must be paid a compensation equivalent to the employee’s salary of the unnoticed days.
– Regarding to the training cost: incase the emplyer pay the costs to train, foster, improve the level of employees, when illegal unilaterally terminiates the labor contract, the employee must return the training cost to the employer as prescribed in Article 62 of Labor Code 2012./.