Article 39 of the Labor Code 2019, an employee takes a leave without permission will be considered an illegal act of unilaterally terminating the labor contract. The legal consequences are that the labor contract is terminated, and the employee is also responsible for compensation to the employer.

Illustration

In Clause 3, Article 48 of the Labor Code, the employer's responsibilities when a labor contract is terminated are as follows:

     3. Employers have the following responsibilities:

    a) Complete the procedures for confirming the time of payment of social insurance and unemployment insurance premiums and return them together with the originals of other papers if the employer has kept them from the employee;

    b) Provide copies of documents related to the employee's working process if requested by the employee. The cost of copying and sending documents is paid by the employer.

  Thus, as long as the labor contract is terminated, regardless of whether it is legal leave or not, the company must carry out procedures to close the social insurance book and return it to the employee, even if If the employee takes a break, the company still has to close the social insurance book.