[MEDICAL LAW CONSULTING]

QUESTION:
Hello Medlaw!
Medlaw let me ask that after being admitted to a medical facility, I signed a 9-month labor contract. If I finish that 9-month period, I'll become a freelancer, right? That means I can quit my job without going through the procedure, no application, right?

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:

According to the information you provided, you are an official working at a medical facility and have signed a definite-term labor contract of 9 months. After this period, if you and the medical facility where you work do not renew the contract, this labor contract is considered expired and terminated according to the provisions of Clause 1, Article 34 of the Labor Code 2019, except in case you are a member of the management board of an organization representing workers at the grassroots during the term that the labor contract expires. Accordingly, the law does not require employees to carry out procedures for resignation when the labor contract expires.

However, the case of internal regulations where you work is different, ie if the medical facility where you enter into the Labor Contract has regulations on internal procedures when terminating the Labor Contract such as: procedures for handing over, fulfilling financial obligations, returning tools, tools... and when signing the Labor Contract, the parties have agreed that the employee must comply with these regulations, then you are obliged to do so. according to the agreement. Particularly, the procedure for writing a resignation letter is not necessary because in this case, the labor contract terminates due to the expiration of the contract term and the parties do not agree on an extension. In case you violate these procedures, the sanctions (if any) are those prescribed by the employer, not the sanctions prescribed by law.

Therefore, if you do not fall into the above cases, you can quit your job without going through the procedure or application. It should be noted that, after the expiration of the labor contract, if you continue to work without signing a new contract, within 30 days from the date of expiration of the labor contract, the signed contract will be becomes an indefinite term labor contract as prescribed at Point b, Clause 2, Article 20 of the Labor Code 2019. At this time, if you want to quit your job, you must carry out procedures for termination of the labor contract according to the prescribed process. statutory procedures.

Specifically, the legal basis of your case is as follows:

According to Clauses 2 and 3, Article 28 of the Law on Public Employees 2010 amended and supplemented in 2019 stipulates Changes in content, further signing, suspension and termination of work contracts.
2. For a definite-term working contract, 60 days before the expiration of the working contract, the head of the public non-business unit shall continue to sign or terminate the working contract with the public employee.
If the public non-business unit still has demand and the public employee fully meets the requirements as prescribed by law, the head of the public non-business unit must continue to sign a working contract with the public employee.
In case of refusal to continue to conclude a working contract with the public employee, the head of the public non-business unit must clearly state the reason in writing.
3. The suspension of the performance of the work contract and the termination of the work contract shall comply with the provisions of the labor law.

According to Clause 1, Article 34 of the Labor Code 2019, cases of termination of labor contracts
1. The employment contract expires, except for the case specified in Clause 4, Article 177 of this Code.
According to Point b, Clause 2, Article 20 of the Labor Code 2019 stipulating the type of labor contract
2. When the labor contract specified at Point b, Clause 1 of this Article expires, but the employee continues to work, the following actions shall be taken:
b) If the time limit of 30 days from the date of expiration of the labor contract expires, but the two parties do not sign a new labor contract, the contract entered into under the provisions of point b, clause 1 of this Article becomes a labor contract. indefinite term.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

In case you ever need detailed consultation, please contact us directly for specific advice.

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