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Terminating a labor contract is one of the legally recognized methods of contract termination. It can take various forms, with a written document being the most secure. Therefore, having an updated labor contract termination agreement template is essential for facilitating agreement on terms.
Latest 2023 Labor Contract Termination Agreement Document Template
1. Mẫu thỏa thuận chấm dứt hợp đồng lao động và cách viết.
2. Vì sao cần thỏa thuận chấm dứt hợp đồng lao động?
3. Quyền lợi của người lao động khi thỏa thuận chấm dứt hợp đồng lao động.
1. Sample Termination Agreement of Employment Contract and Its Composition
- Sample documents for termination agreements of employment contracts serve as records of agreements to terminate indefinite-term contracts or to terminate contracts prematurely.
- Sample Minutes of Termination Agreement of Employment Contract No. 01:
- Sample Termination Agreement of Employment Contract Prematurely No. 02:
* Download the complete set of TEMPLATES HERE
* Guide to Writing Termination Agreements of Employment Contracts.
- A termination agreement of an employment contract must ensure the following contents:
+ Date, time, and place of signing the termination agreement of the employment contract.
Details regarding the workforce and employers (as per the employment contract).
Official notice regarding termination of any employment contract (number, reference).
Responsibilities of the employee.
Responsibilities of the employer.
Additional clauses.
At the end of the document, all parties sign, stating their full names, with the employer stamp required.
Besides the contract termination agreement, the agreement for temporary suspension of employment contract is also commonly used, which readers can refer to when necessary.
2. Why is it necessary to agree on the termination of an employment contract?
Terminating an employment contract by mutual agreement is one of the legally valid methods, ensuring specific rights for both the employee and the employer through such agreement.
Specifically, according to Article 3 of Article 34 of the 2019 Labor Code, terminating an employment contract by mutual agreement is one of the cases of terminating an employment contract.
The agreement to terminate an employment contract depends on the will of both the employee and the employer.
This is a lawful form of contract termination that many people are currently utilizing.
- Note:
+ The procedures for terminating the contract are not specifically regulated in legal documents, therefore, the notification for executing the agreement or specific agreement contents will be handled by the employee and the employer. Employees should also pay attention to the form of agreement or any requirements regarding notifications set by the company. Refer to your own employment contract or the company's regulations.
+ When reaching an agreement, it must be documented to provide evidence and limit disputes in the future (if any).
+ The specific agreement content should specify the termination date, how the handover of tasks will be conducted, as well as one's entitlements and benefits.
Provisions regarding premature termination of contracts
3. Employee rights upon mutual termination of employment contracts
- According to Article 48 of the Labor Code, when mutually terminating an employment contract legally, the employee is entitled to severance pay, completion of social insurance contribution procedures, and return of all original documents held by the employer.
- Employees should note that if they hold social insurance books, they must return them to the company for closure.
Template for termination agreement of employment contract serves as a guideline; parties may have other specific agreements but must comply with legal requirements and societal ethics.
Readers can also refer to the bilingual employment contract template (English-Vietnamese) previously shared by Mytour if they need further understanding of employment contract templates in accordance with current legal regulations.
