Question: I signed a labor contract with a term of 12 months, I had been working for 02 months but feeling bored at work, I requested for resigning the job but my boss did not accept it. So my question is that do I have the right to 30 days’ notice to my boss, to take a break?
Answer: In principle, with the case that the employee signs a definite-term labor contract, he or she is obliged to perform the job until the expiry of the contract, except the case they have the consent of the employer for the early termination of labor contracts or for good reasons under Clause 1 and ensuring the notice time under Clause 2, Article 37 of the 2012 Labor Code.
So, if an employee signs a labor contract with a term of 12 months, works for 02 months but feels tired of working, quit job without a boss’ s (though 30 days notice) be considered unilaterally terminating labor contracts illegally.
Based on Article 43 of the 2012 Labor Code, an employee’s obligation to unilaterally terminate an labor contract illegally is as follows:
– No severance pay and have to compensate the employer half a month’s salary under the labor contract.
– If violating the regulations on the time of prior notice, the employer must pay an amount of money equivalent to the employee’s salary in the days without notice.
– Must pay training expenses to the employer based on the Article 62 of the 2012 Labor Code.