Annual Leave Policy

13:56, 11/07/2024

Mrs. Ngo Thuy Dung, Cai Mep Industrial Zone, Tan Phuoc Commune, Tan Thanh District, Ba Ria - Vung Tau Province inquires: Employee A requests annual leave to return home for Tet on January 23, 24, 25, 2017, traveling by car from Vung Tau to Nghe An, with the total round-trip time estimated at approximately 72 hours, and has purchased tickets and provided the tickets to the Company.

The company's record for employee A is as follows: On January 23, 2017, 1 day was allocated for travel. On January 24 and 25, 2017, the company deducted 2 days from the annual leave. Is this correct? If employee A commenced the journey back home on Sunday, January 22, 2017, would the timekeeping as mentioned be correct?

The Ministry of Labor, War Invalids, and Social Affairs responded as follows:

Article 4, Clause 111 of the Labor Code 2012 stipulates: “When taking annual leave, if the employee travels by road, rail, or waterway and the travel time exceeds 2 days, then from the 3rd day onwards, the travel time shall be added to the annual leave and is only applicable for one leave period per year.” According to current labor laws, the calculation of travel days as mentioned does not refer to the departure or return days. Thus, in the case you inquired about, when an employee takes 3 working days of annual leave, if the round-trip travel time is estimated to be 72 hours (approximately 3 days) by road, rail, or waterway, then 1 additional travel day will be counted outside the annual leave and is only applied for one leave period per year.

Additionally, you should note that when employees take annual leave, they are entitled to full salary as per the regulation in Article 111 of the Labor Code 2012; the transport expenses and wages for travel days are to be mutually agreed upon as per Clause 2, Article 113 of the Labor Code 2012.

However, since the content you mentioned has several unclear points (whether this is the first or subsequent time travel days have been recorded; whether the deduction of 2 annual leave days is from the total annual leave time or just recording for payment such days and still reducing 3 annual leave days from the annual leave fund; whether the support for 1 travel day is per agreement or not, etc.), it is not possible to answer definitively whether the recordkeeping mentioned is in compliance with current legal regulations.

According to the Ministry of Labor, War Invalids, and Social Affairs

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