Three Occasions When Employees Take Leave While Still Receiving Full Salary

According to the provisions of the 2012 Labor Code, employees are entitled to paid leave in the following three cases:

- Annual leave (annual leave)

According to Clause 1, Article 111, employees who have worked for an employer for 12 months are entitled to annual leave with full pay according to their labor contracts.

Employees doing jobs under normal conditions are entitled to 12 days of leave.

Employees doing heavy, hazardous, dangerous jobs, or working in difficult living conditions (as per the list issued by the Ministry of Labor - Invalids and Social Affairs in cooperation with the Ministry of Health), minor workers, or disabled workers are entitled to 14 days of annual leave.

Employees doing especially heavy, hazardous, dangerous jobs or working in especially difficult living conditions are entitled to 16 days of annual leave.

According to Article 112, for every 5 years of working for an employer, the employee’s annual leave days are increased by one additional day.

- Holidays and Tet

According to the provisions of Clause 1, Article 115, employees are entitled to paid leave on the following holidays and Tet:

+ New Year’s Day: one day (January 1);

+ Lunar New Year: 5 days;

+ Victory Day: one day (April 30);

+ International Labor Day: one day (May 1);

+ National Day: one day (September 2);

+ Hung Kings' Commemoration Day: one day (March 10 of the lunar calendar).

If the aforementioned holidays coincide with weekly days off, employees are entitled to compensatory leave on the next day (Clause 3, Article 115).

- Personal leave with full pay

Clause 1, Article 116 states that employees are entitled to paid personal leave in the following cases:

+ Marriage: 3 days off

+ Child’s marriage: one day off

+ Death of father, mother, father-in-law, mother-in-law, stepfather, stepmother, spouse, or child: 3 days off.

For other personal leave cases, whether the leave is paid or unpaid is subject to agreement between the employee and the employer.

Lawyer Kieu Anh Vu

Le Nguyen Law Office

According to VNexpress

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