Author:

Nguyen Thi Huyen Anh – Senior Associate

Nguyen Dinh Sac  – Paralegal

In an increasingly volatile labor market, the situation of employees unilaterally absenting themselves from work without prior notice, especially for multiple consecutive days, poses a significant legal challenge for businesses. Handling such situations not only requires skillful human resource management but also strict adherence to labor law regulations to avoid unnecessary legal risks.
This article will analyze current legal provisions and provide detailed guidance on the process for handling cases where employees are unilaterally absent from work for multiple consecutive days, helping businesses ensure legality and protect their rights.

1. Cases in which an employee’s unauthorized absence may lead to disciplinary dismissal or unilateral termination of a labor contract

According to the provisions of the Labor Code 2019, an employee’s unauthorized absence from work without a legitimate reason may lead to two main forms of action: unilateral termination of the labor contract by the employer or disciplinary dismissal.

Unilateral Termination of Labor Contract

Pursuant to Point e, Clause 1, Article 36 of the Labor Code 2019, an employer has the right to unilaterally terminate a labor contract if an employee is absent from work without a legitimate reason for 05 consecutive working days or more.

Disciplinary Dismissal

Pursuant to Clause 4, Article 125 of the Labor Code 2019, an employer has the right to apply disciplinary dismissal to an employee if the employee is absent from work for 05 cumulative days within a 30-day period or 20 cumulative days within a 365-day period, calculated from the first day of unauthorized absence, without a legitimate reason.

Legitimate reasons recognized by law include:

• Natural disasters, fires;
• The employee or a relative being ill, with certification from a competent medical examination and treatment facility;
• Other cases stipulated in the enterprise’s internal labor regulations.

2. Procedure for disciplinary dismissal of employees for unauthorized absence

To ensure that the disciplinary dismissal of an employee for unauthorized absence is lawful, businesses must strictly comply with the order and procedures stipulated in Article 122 of the Labor Code 2019 and Article 70 of Decree 145/2020/ND-CP.

Preparation of Dossier

Businesses need to collect sufficient documents proving the employee’s violation, including:

• Minutes or internal documents recording the employee’s absence from the workplace.
• Evidence of attempts to contact the employee (calls, messages, emails) that received no response or did not yield any legitimate explanation for the absence.
• The enterprise’s internal labor regulations (which include provisions on unauthorized absence and corresponding disciplinary actions).
• The employee’s labor contract.

Organization of Disciplinary Meeting

According to the provisions of Article 70 of Decree 145/2020/ND-CP, the disciplinary meeting must be conducted within the statute of limitations for disciplinary action, following this order:

• Notice of Meeting: The employer must send a written notice regarding the organization of the disciplinary meeting to the employee, the employee representative organization at the grassroots level of which the disciplined employee is a member (such as the grassroots trade union or employee organization at the enterprise), and the legal representative of the employee (if the employee is under 15 years old). The notice must be sent at least 05 working days in advance and clearly state the time, place, and content of the meeting.
• Attendees: The meeting must include the employer or an authorized person, the disciplined employee (or their legal representative, if any), and the representative organization of employees at the grassroots level of which the disciplined employee is a member. If any required attendee fails to confirm attendance or is absent after being duly notified, the employer still has the right to proceed with the disciplinary meeting and record this clearly in the minutes.
• Meeting Content: At the meeting, the employer presents the employee’s violating behavior and the collected evidence. The employee (if present) has the right to present their opinions and provide evidence in their defense. Other attendees also have the right to speak.
• Minutes: The entire proceedings of the meeting must be fully recorded in the minutes. The minutes must be signed by all attendees. If anyone refuses to sign, their full name and reason for refusal must be clearly noted in the minutes.

Issuance of Disciplinary Decision

Pursuant to Article 123 of the Labor Code 2019, the disciplinary decision must be issued within the applicable statute of limitations for labor disciplinary action, specifically 06 months from the date of the violation or 12 months for violations directly related to finance, assets, business secrets, technological secrets, unless the statute of limitations is extended by law. The disciplinary dismissal decision must be made in writing and issued by the competent person (the person who signed the labor contract or their authorized representative).

Notification of Disciplinary Decision

According to Clause 4, Article 70 of Decree 145/2020/ND-CP, the disciplinary dismissal decision must be sent to the disciplined employee, their legal representative (if any), and the representative organization of employees at the grassroots level (if any).

3. Important Notes for Businesses

• Businesses need to verify and retain full documentation proving the employee’s unauthorized absence and that conditions were created for the employee to explain (if any).
• An employee’s absence for multiple days should not be automatically construed as termination of the employment relationship or grounds for automatic dismissal.
• Disciplinary dismissal must fully comply with the principles and procedures for disciplinary action as stipulated by law.
• In cases where the act of unauthorized absence simultaneously meets the conditions for the employer to unilaterally terminate the labor contract under Point e, Clause 1, Article 36 of the Labor Code 2019 and for disciplinary dismissal under Clause 4, Article 125 of the Labor Code 2019, businesses may consider exercising the right to unilaterally terminate the labor contract. In practice, this option is often chosen due to simpler procedures and reduced risks of disputes related to the disciplinary process. However, the choice of handling method should be considered based on the case file and the human resource management objectives of each business.

Handling employees who are unilaterally absent from work for multiple consecutive days is a sensitive issue, requiring businesses to have a deep understanding of labor law and strict adherence to procedural regulations. By correctly applying the provisions of the Labor Code 2019 and Decree No. 145/2020/ND-CP, businesses can not only protect their legitimate rights and interests but also maintain a disciplined, transparent, and fair working environment.

Time of writing: May 25, 2026

The article contains general information which is of reference value. In case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

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