3 latest standard resignation letter templates
The termination decision form is an important legal document in the process of terminating the labor relationship between the employer and the employee. This document not only confirms the termination of the labor contract but also protects the legal rights of both parties. 1C Vietnam will guide you on how to write common termination decision forms and important notes when drafting this document.
1. What is a resignation decision form?
The termination decision form is a document confirming the termination of the labor contract, which has important legal value in the personnel file. This decision clearly states the time of termination, the reason, the rights and obligations of the parties, and also helps resolve disputes if they arise.
2. 3 common resignation letter samples
Below are three common resignation letter templates used in businesses. Each template is suitable for each specific case, allowing employers to choose and adjust to suit their actual needs.
2.1. Sample resignation letter
A resignation letter is an important document used when an individual or business wants to terminate an employment contract. The letter usually includes information about the employee, the reason for leaving, the effective period, and a commitment to hand over the job.
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2.2. Sample decision to terminate employment due to dismissal or disciplinary violation
The dismissal decision form is used when an employee commits a serious disciplinary violation, forcing the enterprise to apply the disciplinary measure of dismissal according to the Labor Code. Before issuing, the employer must comply with the disciplinary handling process, including disciplinary meetings, making minutes and having clear grounds.
The content of the decision must clearly state the violation, the violated internal regulations and the applicable disciplinary measure to ensure legality.
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2.3. Sample decision due to contract termination
The decision form to terminate the labor contract is used when both parties agree to terminate the contract before the term or when the contract expires and is not renewed.
The decision must clearly state the grounds for termination, the effective date, and the employee's rights such as severance pay, salary, and remaining allowances. Transparency of this information helps avoid disputes after the employee leaves the company.
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3. Instructions on how to write a resignation letter
To draft a standard termination decision form, employers need to comply with regulations on the form and content of administrative documents.
3.1. Required contents in the resignation decision
A standard resignation letter usually includes the following main sections:
- National emblem and slogan : Placed at the top of the page, including the lines "SOCIALIST REPUBLIC OF VIETNAM" and "Independence - Freedom - Happiness".
- Business information : Clearly state the business name, decision number, location and date of decision issuance.
- Title of document : Clearly state "DECISION" and specific content (for example: "Regarding termination of labor contract").
- Legal basis : List legal documents as the basis for issuing the decision, such as the Labor Code, Company Charter, Labor Regulations.
- Factual basis : Clearly state the factual reasons for the decision, such as the employee's resignation letter, disciplinary meeting minutes, or contract termination agreement.
- Decision : Clearly state the content of the decision, including:
- Article 1: Decision to terminate the labor contract with the employee (clearly state full name, date of birth, ID card/CCCD number, position, department).
- Article 2: Time of termination of labor contract.
- Article 3: Rights and obligations of employees upon termination of contract.
- Article 4: Responsibilities of relevant departments in implementing the decision.
- Article 5: Effective date of the decision.
- Recipients : List the recipients of the decision.
- Signature, seal : The authorized person signs and stamps to confirm the decision.
3.2. Notes when presenting a resignation letter
When drafting a termination decision, employers should note the following points:
- Use clear, precise, and objective language. Avoid using emotional, judgmental, or misleading language.
- Specify the legal and factual basis to ensure the legality of the decision. This is especially important in cases of dismissal due to violation of labor discipline.
- Fill in full information about the employee and the terminated labor contract, including contract number, date of signing, and contract type.
- Clearly define the time of termination of the labor contract and the benefits that the employee is entitled to according to the provisions of law.
- Ensure that the decision is signed and sealed by an authorized person in accordance with regulations.
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4. Employee rights when receiving a termination decision
When receiving a decision to terminate employment, employees are entitled to a number of benefits according to the provisions of labor law. Understanding these benefits helps employees protect their rights and employers fulfill their responsibilities.
4.1. Severance pay under Vietnamese labor law
According to Article 46 of the Labor Code, employees who have worked regularly for 12 months or more at an enterprise will receive severance pay upon termination of their labor contract, except in the following cases:
- Employees were fired for violating labor discipline.
- Employees unilaterally terminate labor contracts illegally.
- Employees are eligible for pension according to the provisions of the law on social insurance.
Severance pay is calculated as follows:
- For each year of work, employees are subsidized half a month's salary.
- The salary used as the basis for calculating the allowance is the average salary of the 6 consecutive months before the employee quits the job.
- Working time for calculating severance allowance is the total time the employee actually worked for the employer minus the time the employee participated in unemployment insurance and the working time for which the employer paid severance allowance.
4.2. Social insurance and unemployment insurance benefits
Upon receiving a decision to terminate employment, employees have the following rights to social insurance and unemployment insurance:
- The employer is responsible for completing the procedures for the employee to enjoy social insurance benefits and returning the social insurance book to the employee.
- Employees who have paid unemployment insurance for 12 months or more within 24 months before becoming unemployed and have registered for unemployment with the competent labor agency will be entitled to unemployment benefits.
- Unemployment benefits are equal to 60% of the average monthly salary for unemployment insurance contributions of the 6 consecutive months before unemployment and depending on the period of unemployment insurance contributions.
- Workers are also supported with vocational training, free job counseling and referrals from the Employment Service Center where they register for unemployment.
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5. Work handover process when receiving a decision to terminate employment
After receiving the decision to terminate the employment, the employee needs to carry out the work handover process responsibly. This process not only helps maintain the continuity of the business but also demonstrates the professionalism of the employee.
5.1. Hand over company assets (computers, documents)
Upon receiving the decision to terminate employment, the employee must hand over to the company the following assets:
- Computers, phones, and electronic devices provided by the company.
- Employee card, company access card, salary bank card.
- Documents and records related to work.
- Uniforms, work tools (if any).
- Office key, filing cabinet.
- Corporate email account, internal system login account.
Employees should carefully inspect the condition of the property before handing it over, ensuring that the property is in good working order and free of damage. If any property is damaged, employees should report it to their immediate supervisor and explain the cause.
5.2. Detailed work handover minutes
The handover document is an important document in the termination process, helping to record the handover process between the employee and the recipient. A detailed handover document should include the following:
- General information: Name of the handover person, recipient, handover time, job position.
- List of work in progress: Describe in detail the work in progress, current progress, and completion deadline.
- Outstanding issues: Clearly state unresolved issues, difficulties encountered and proposed solutions.
- Customer/Partner List: Provides information about current customers/partners, contract status, and contact information.
- Related documents: List documents and records related to the job (paper and electronic copies).
- Assets transferred: List in detail the assets the company transferred and their current status.
- System Accounts: Lists accounts that access the system, software, and user manuals.
An example of a handover document might include: "I, [name of person handing over], title [title], hereby confirm that I have handed over all work, documents and assets relating to the position [name of position] to [name of person taking over] on [date of handover]. All work has been explained in detail and there are no outstanding issues that have not been communicated."
Frequently Asked Questions (FAQ) about the resignation letter form
Does the decision to quit a job require the employee's consent?
Depending on the specific case, the decision to resign may or may not require the employee's consent:
- In case the employee proactively requests to resign: The decision to resign is the employer's confirmation of the employee's wish to resign, so no further consent is required.
- In case the employer unilaterally terminates the employment contract: The decision to terminate the employment must be based on legal grounds and comply with the procedures prescribed by law, without requiring the employee's consent. However, the employee has the right to appeal if he/she believes the decision is not in accordance with the regulations.
- In case of termination of labor contract by agreement: The decision to terminate employment is issued after an agreement between the two parties, so the employee's consent must have been obtained in advance.
Can I apply for unemployment benefits without a decision to quit my job?
Not having a decision to quit will make it difficult to file for unemployment benefits, but not impossible. According to regulations, to receive unemployment benefits, employees need to provide documents proving the termination of the labor contract or employment contract.
If there is no decision to resign, the employee can use alternative documents such as:
- Notice of termination of employment contract.
- Minutes of termination of labor contract.
- Employer's confirmation of termination of contract.
However, having a complete decision to quit will help the unemployment benefit application process go more smoothly. Therefore, employees should ask their employers to provide a decision to quit before leaving the company.
The termination decision form plays an important role in terminating the labor relationship, ensuring the legality and benefits for both parties. Drafting in accordance with regulations helps avoid disputes and demonstrates the professionalism of the business. 1C Vietnam recommends that businesses establish a standard process when issuing termination decisions, ensuring compliance with the law and protecting the legitimate rights of employees.
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