Can I finalize my social insurance book if I quit my job without giving prior notice?

According to Clause 1, Article 35 of the Labor Code 2019, which regulates the notice periods for resignation as follows:

“1. Employees have the right to unilaterally terminate their labor contract but must notify the employer in advance as follows:

a) At least 45 days if working under an indefinite-term labor contract;

b) At least 30 days if working under a fixed-term labor contract with a duration of 12 to 36 months;

c) At least 3 working days if working under a fixed-term labor contract with a duration of less than 12 months;

d) For certain industries, occupations, and special jobs, the notice period must comply with regulations set by the Government.”

According to Article 39 of the Labor Code 2019, which regulates unilateral termination of labor contracts in violation of the law:

“Unilateral termination of a labor contract in violation of the law refers to the termination of the labor contract that does not comply with the provisions of Articles 35, 36, and 37 of this Code.”

Therefore, in the case where an employee quits without prior notice, it is considered an unlawful unilateral termination of the labor contract due to failure to comply with the notice obligation stipulated in the labor contract.

The issue of finalizing the social insurance book for the employee is regulated in Clause 3, Article 48 of the Labor Code 2019 as follows:

“Responsibilities when terminating a labor contract

The employer has the following responsibilities:
a) Complete the procedures for confirming the duration of social insurance, unemployment insurance contributions, and return all original documents that the employer has kept from the employee;

b) Provide copies of documents related to the employee's work history if requested by the employee. The cost of copying and sending the documents is borne by the employer.”

     Thus, regardless of whether the employee terminates the labor contract in accordance with the law or in violation of the law, the employer, who has recently contributed to the employee's social insurance, must finalize the social insurance book and return it to the employee.

Applicable Legal Documents:

• Labor Code 2019

Source: Q&A section - Legal Library

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