Abstract

A document labeled as a “notice” may effectively terminate an employment relationship even when it is not formally presented as a dismissal decision. Drawing on first-instance Judgment No. 36/2025/LD-ST and appellate Judgment No. 50/2026/LD-PT in Ho Chi Minh City, this article examines how courts identify an unlawful termination commonly described as “disguised dismissal.” The analysis focuses on Notice No. 08-2024/ TB-GD, messages from the employer’s representative, and approved leave records. It clarifies the boundaries among different forms of employment termination, the allocation of the burden of proof, and requirements for preserving electronic communications. The term “disguised dismissal” is descriptive and does not constitute a separate statutory ground for dismissal.

Keywords: Disguised dismissal, electronic evidence, Ho Chi Minh City, labor disputes, unilateral termination of employment contracts.