How many days off are employees in Vietnam entitled to in case a family member passes away? Are the employees required to apply for a leave in this case?
How many days off are employees in Vietnam entitled to in case a family member passes away?
Under Article 115 of the Labor Code 2019, the regulations are as follows:
Personal leave, unpaid leave
1. An employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:
a) Marriage: 03 days;
b) Marriage of his/her biological child or adopted child: 01 day;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article.
According to the above regulation, in the event of the death of a biological parent, adoptive parent, biological or adoptive parent of a spouse, or biological or adopted child, the employee is entitled to 3 days off with full pay.
In the event of the death of grandparents, or siblings, the employee is entitled to 1 day off without pay.
Note: when taking leave due to the death of a family member, the employee must notify the employer.
Additionally, if other family members pass away, the employee can negotiate with the employer for unpaid leave.
How many days off are employees in Vietnam entitled to in case a family member passes away? Are the employees required to apply for a leave in this case?
What is the penalty imposed on employers failing to allow employees to take a leave when a family member passes away in Vietnam?
Under Article 18 of Decree 12/2022/ND-CP, the regulations are as follows:
Violations against regulations on working hours and rest periods
1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;
b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.
2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.
3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Applying normal working hours exceeding the working hours prescribed by law;
b) Mobilizing employees to work overtime without their consent, except for the cases specified in Article 108 of the Labour Code.
4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.
According to the above regulation, if an employer does not allow an employee to take leave when a family member passes away, the employer will be fined from 2 million to 5 million VND.
Note: The above administrative fine applies only to individuals; if the organization violates this regulation, it will be fined double the amount applicable to individuals.
Thus, an employer failing to allow employees to take a leave when a family member passes away will be fined from 4 million to 10 million VND.
What are the instructions for applying for leave when a family member passes away in Vietnam?
As mentioned above, in case a family member passes away, the employee is entitled to paid leave but must notify the employer of this event.
Currently, the law does not provide instructions for applying for leave when a family member passes away in Vietnam.
Therefore, employees can choose the appropriate method based on actual circumstances, such as submitting a written request, sending an email, or notifying by phone, etc., to inform the employer.
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