Answer:
According to the Labour Code, the Employee has the right to unilaterally terminate the LC without any reason provided that the employee must notify the Employer at least 03 working days in advance if they work under a LC with a term of fewer than 12 months, at least 30 days for a LC with a term from 12 months to 36 months, and at least 45 days for an indefinite-term LC. Since this is the case of executing the Employee’s right of unilateral termination of the LC, the Employer will not have to reply to the notice or accept in writing the notice of the Employee’s termination. Most notably, if the Employer responds to the Employee’s notice of termination, it can be seen that the parties agree to terminate the LC before the term specified in Article 34.3 of the Labour Code, other than the case the Employee unilaterally terminates the LC specified in Article 35 of the Labour Code. Then, if there is no other agreement between the parties, the Employee may not have to comply with the obligation to notify before the termination of the LC as mentioned above.
According to Article 38 of the Labour Code, each party has the right to cancel unilaterally terminating the LC prior to the expiration of the notice period but must notify the other party in writing and obtain the consent of the other party. Thus, if the Employee has submitted a notice of termination of the LC to the Employer but before the notice period expires there is a request to withdraw such termination notice, the Employer will have the right to agree or disagree with the request of the Employee. If the Employer agrees with the request to withdraw the notice of termination of the LC, the Employer is obliged to continue implementing the signed LC.
