Question: If the employer illegally unilaterally terminates the labor contract, what kind of benefits and allowances an expat can receive?
Answer: The employer illegally unilaterally terminates the labor contract if it is (i) without grounds for unilateral termination of the labor contract and/ or (ii) a violation of the advance notice. Then, the expat shall receive the following allowances and benefits:
- In case the employer agrees to reinstate the expat to work, the expat shall receive the following benefits:
- The amount of salary for the period during which the expat was not allowed to work;
- Being contributed to social insurance, health insurance for the period during which the expat was not allowed to work;
- Paying an additional amount of at least a 02-month salary under the labor contract; and
- An amount equivalent to the salary under the labor contract for unannounced days in case of breach of notice obligation.
- In case the expat does not wish to return to work, in addition to the amount prescribed at point a, the expat shall additionally receive a severance allowance.
- In case the employer does not wish to reinstate the expat and such expat agrees, in addition to the amounts prescribed at points a and b above, the expat shall receive the additional compensation which is equivalent to at least 02 months of salary under the labor contract.
For further information, please contact:
Minh Ngo Nhat, Managing Partner, BLawyers