Forced to sign a resignation agreement: Lawyer instructs how to protect rights

In fact, many employees fall into the situation of being asked by the employer to sign a resignation agreement for the reason of restructuring, personnel cuts, not meeting job requirements or many other reasons. There are even cases where employees are pressured by threatening discipline, transferring jobs, cutting income or creating an unfavorable working environment to be forced to accept resignation.

However, the termination of the labor contract must comply with the provisions of the Labor Code 2019. Employees are not obliged to sign any agreement if such content affects their legitimate rights and interests or is established not on a voluntary basis. So when forced to sign a resignation agreement, what do employees need to do to protect their rights? What provisions of the law should be paid special attention to?

1. Is a resignation agreement mandatory?

1.1. Termination agreement must be voluntary

According to the 2019 Labor Code, the labor contract can be terminated by agreement between the employee and the employer. The essence of the agreement is that it must come from the voluntary will of both parties.

Therefore, if the employee does not agree with the conditions of resignation or thinks that his or her rights are not guaranteed, he or she has the right to refuse to sign and request the enterprise to continue to perform the labor contract as prescribed.

1.2. Do not sign without reading the content carefully

Many workers, fearing losing their jobs or being pressured by businesses, should immediately sign the documents given without checking the content.

Meanwhile, severance agreements are often related to many issues such as the timing of termination of the contract, salary, severance pay, social insurance benefits, unemployment insurance, confidentiality obligations or non-compete commitments. If you sign without understanding the content, the employee may be at a disadvantage when a dispute arises later.

1.3. It takes time to review

Employees can completely ask the enterprise to give time to study the content of the document or consult a lawyer before deciding to sign.

Careful consideration will help limit risks and ensure your legitimate interests.

2. Signs that employees may be being forced to quit their jobs

2.1. Threatened if you don't sign

Some businesses provide information such as will handle discipline, assess not completing work or cause difficulties in the working process if employees do not agree to sign a resignation agreement.

In these cases, the employee needs to calmly consider the entire incident and keep relevant documents and evidence.

2.2. Being under pressure for a long time

Constantly transferring inappropriate jobs, cutting benefits illegally or creating psychological pressure to force employees to quit their jobs can also be the cause of labor disputes.

If there are signs of infringement of their legitimate rights and interests, employees should actively learn about the law and consult a lawyer.

2.3. Unsecured Benefits

If the resignation agreement does not mention or does not fully mention the salary, benefits, insurance benefits or other payments that the employee is entitled to, it is necessary to ask the enterprise to clarify before signing.

3. What should employees do to protect their rights?

3.1. Retention of sufficient evidence

Employees should keep labor contracts, contract appendices, emails, messages, notices of the enterprise, minutes of meetings, relevant decisions or other valuable documents proving the working process and the content of exchanges between the parties.

These are important evidences if a labor dispute arises.

3.2. Request enterprises to clearly explain the contents

Before signing any document, the employee has the right to request the enterprise to clearly explain the grounds for termination of the contract, the rights to be enjoyed and the responsibilities of the parties after the termination of the labor relationship.

Clear communication will help limit misunderstandings and avoid disputes later.

3.3. Consult a lawyer

In case of suspicion that their rights are affected or the enterprise does not handle them in accordance with the provisions of the law, employees should consult a lawyer before signing any agreement.

Early counseling will help employees have an appropriate plan to protect their rights and avoid unwanted legal consequences.

4. If a dispute arises, how to settle it?

4.1. Negotiation with enterprises

In many cases, the parties can discuss directly to agree on an appropriate settlement plan without conducting legal procedures.

This is often a plan to help save time, costs and maintain the relationship between the parties if there is still the ability to cooperate.

4.2. Request for dispute settlement in accordance with law

If it is not possible to reach an agreement by himself, the employee can request the settlement of the labor dispute according to the order and procedures specified in the Labor Code 2019 and relevant legal provisions.

Depending on the type of dispute, the settlement may be through a labor mediator or a court according to its competence.

4.3. Do not arbitrarily waive benefits

In the process of resolving the case, the employee needs to carefully review the documents provided by the enterprise and should not sign commitments to waive benefits without fully assessing the legal consequences.

The protection of rights and interests should be carried out on the basis of the provisions of law and the evidence of the case.

5. The role of lawyers in protecting the interests of employees

Lawyers play an important role in helping employees assess the legality of the termination agreement, determine the rights and obligations of the parties under the Labor Code 2019 as well as relevant legal documents. Right from the moment the enterprise makes a proposal to terminate the contract, the lawyer can assist in reviewing the content of the agreement, analyzing the terms that may affect salary, severance pay, social insurance, unemployment insurance, compensation or other benefits so that the employee has a basis to make an appropriate decision.

In case the employee shows signs of being forced to sign or the enterprise unilaterally terminates the labor contract in contravention of regulations, the lawyer will assist in collecting evidence, evaluating the dossier, advising on the negotiation plan with the employer and guiding the implementation of dispute resolution procedures in accordance with the law. If the case must be settled at a competent agency, the lawyer will represent or protect the legitimate rights and interests of the employee in the process of mediation and proceedings at the Court, and at the same time request the enterprise to fully perform its obligations as prescribed if there are grounds.

Having a lawyer accompany you from the early stage not only helps employees avoid signing unfavorable agreements but also contributes to the maximum protection of legal rights and interests, limiting legal risks and improving the ability to resolve disputes effectively. in accordance with the provisions of law.

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(Written by: Doan Ngoc Khanh; Date written: 29/7/2026)

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