Dismissal - Overview

Overview

Cambodian legislation stipulates that employees with contracts of unspecified duration cannot be dismissed without a valid reason relating to their aptitude or behaviour, and employees with fixed term contracts can only be canceled before its termination date in the event of the serious misconduct or acts of God. Employers are liable to pay an employee compensation in the event of unfair dismissal.

According to the Chinese Labour Law, employers who dismiss an employee unfairly will be liable to pay compensation to that employee. It is unlawful to dismiss an employee who has totally or partially lost the ability to work due to occupational diseases or injuries suffered at work, who is undergoing medical treatment for diseases or injuries, or who is pregnant, breast-feeding or on maternity leave.

The Laotian Labour Law specifies that termination of an employment contract is considered to be unlawful where the employer terminates a labour contract: without a valid reason or through an abuse of power, or where the employer breaches the employee’s fundamental rights or breaches their contractual obligations towards the employee. Employers are liable to pay an employee compensation in the event of unfair dismissal.

Thai legislation prohibits an employer from terminating an employment contract on the grounds that the employee is a member of a trade union, and if an employee has been accused of a transgression, the employer may not suspend the employee from work until an investigation has been carried out. Employers are liable to pay an employee compensation in the event of unfair dismissal. An employer is entitled to dismiss an employee without having to give them severance pay in the following circumstances: dishonest performance of duties, intentionally causing loss to the employer, gross acts of negligence, violations of the worker’s rules/regulations, neglect of duties for three consecutive days without reasonable cause, imprisonment, except in the case of offenses that arise from negligence or petty offenses.

In Vietnam it is unlawful to dismiss an employee who is suffering from an occupational illness or work-related injury and is being treated for this, or an employee on annual leave or another form of permissible leave. Where an employer unlawfully terminates a labour contract they must re-employ the employee and pay them compensation, or else give them a severance allowance in the event that they do not wish to return to work.

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