IF EMPLOYEES VIOLATE REGULATIONS ON NOTIFICATION BEFORE LEAVING WORK, WILL THE COMPANY BE ABLE TO DEDUCT SALARY?

According to the law, deductions from employees’ wages can only be made in certain cases. So is it possible to deduct money from employees who violate the regulations on notice before leaving work? Let’s learn about this issue with Pham Consult through the article below.

If an employee violates the regulations on notice before quitting his job, can the company deduct his salary?

 

Pursuant to Clause 1, Article 102 of the 2019 Labor Code stipulates as follows:

Deduction from salary

1. The employer may only deduct the employee’s salary to compensate for damages caused by damaging the employer’s tools, equipment, and property as prescribed in Article 129 of this Code. .
2. Employees have the right to know the reason for deductions from their salary.
3. The monthly salary deduction must not exceed 30% of the employee’s actual monthly salary after deductions for mandatory social insurance, health insurance, unemployment insurance, and income tax. individual.

At the same time, based on Article 129 of the 2019 Labor Code stipulates:

Damages

1. Employees who damage tools and equipment or commit other acts that damage the employer’s property must compensate according to the provisions of law or the employer’s internal labor regulations. .

In case the employee causes non-serious damage due to negligence with a value not exceeding 10 months’ regional minimum wage announced by the Government applicable at the place where the employee works, the employee must compensate at most 03 months’ salary and monthly deduction from salary according to the provisions of Clause 3, Article 102 of this Code.

2. An employee who loses tools, equipment, property of the employer or other property assigned by the employer or consumes materials in excess of the allowable limit must compensate for part of the damage. or entirely according to market prices or labor regulations; In case there is a liability contract, compensation must be made according to the liability contract; cases caused by natural disasters, fires, enemy sabotage, dangerous epidemics, catastrophes, or events occurring objectively that cannot be foreseen and cannot be overcome despite the application of all necessary and possible measures. If allowed, no compensation is required.

According to regulations, employers are only allowed to deduct employees’ wages to compensate for damages caused by damaging tools, equipment, and property of the employer.

Thus, in this case, your party is not allowed to deduct the employee’s salary because they violated the notice period before unilaterally terminating the contract.

If an employee working under a fixed-term contract wants to unilaterally terminate the contract, how many days in advance must he or she notify the employer?

The time limit for unilateral notice of termination of labor contracts is specified in Clause 1, Article 35 of the 2019 Labor Code as follows:

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:
2. a) At least 45 days if working under an indefinite-term labor contract;
3. b) At least 30 days if working under a fixed-term labor contract with a term from 12 months to 36 months;
4. c) At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;
5. d) For some specific industries, professions and jobs, the notice period is implemented according to the Government’s regulations.
6. Employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:
7. 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;

…

Thus, according to regulations, for employees working under a fixed-term labor contract who want to unilaterally terminate the contract, they must notify the employer in advance:

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

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

For some specific industries, occupations, and jobs, the notice period is implemented according to the Government’s regulations.

 

If an employee unilaterally terminates a labor contract illegally, will he or she be entitled to severance pay?

The employee’s obligations when unilaterally terminating the labor contract illegally are stipulated in Article 40 of the 2019 Labor Code as follows:

Obligations of employees when unilaterally terminating the labor contract illegally

1. No severance pay.
2. Must compensate the employer for half a month’s salary under the labor contract and an amount corresponding to the salary under the labor contract for days without prior notice.
3. Must reimburse the employer for training costs specified in Article 62 of this Code.

Thus, according to regulations, when an employee unilaterally terminates a labor contract illegally, he or she is not entitled to severance pay.

 

Thus, through the article on Pham Consult, you have learned more about the issue of whether or not wages can be deducted from employees who violate the regulations on notice before quitting their job. Hope the above information will help your work.