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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-05 | 279-285
Original Research Article
To Compensate Workers for Damage in Case of Illegal Termination of Labor Contracts
Nguyen Quoc Duy
Published : May 7, 2021
DOI : 10.36348/sijlcj.2021.v04i05.003
Abstract
Unilateral termination of a contract means the termination of the labor contract by the employer or the employee without the consent of the other party. Accordingly, when terminating the labor contract, there will be two cases, one is unilaterally terminating the labor contract in accordance with the law or unilaterally terminating the labor contract illegally. Although the law has a mechanism for one of the parties to unilaterally terminate the labor contract (hereinafter referred to as unilateral termination), to ensure benefits for the other party, the Labor Code also stipulates it is very clear which cases can be terminated, which cases cannot be terminated. Most of the cases that the law that allows unilateral termination may arise from other objective or subjective reasons, but in general, doing unilateral work will significantly reduce the significant damage to the party who is doing the job. This study focuses on analyzing the contents related to the termination of illegal labor contracts of both employers and employees, thereby pointing out the shortcomings in the Law, specifically the Ministry Labor Code 2019.
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