Vietnam: How many annual leave days does an employee have if they have not worked for less than 12 months? Shall unused annual leave be converted into money?
Vietnam: How many annual leave days does an employee have if they have not worked for less than 12 months? Shall unused annual leave be converted into money?
Based on Article 113 of the Labor Code 2019, the regulations are as follows:
Annual Leave
1. An employee who has worked for a full 12 months for an employer is entitled to annual leave, with full pay according to the labor contract, as follows:
a) 12 working days for employees doing normal work conditions;
b) 14 working days for employees who are minors, employees with disabilities, or those doing heavy, hazardous, or dangerous jobs;
c) 16 working days for employees doing particularly heavy, hazardous, or dangerous jobs.
2. An employee who has not worked for a full 12 months for an employer is entitled to annual leave in proportion to the number of months worked.
3. In case of resignation or job loss without taking annual leave or taking incomplete annual leave days, the employer shall pay wages for the unused leave days.
4. The employer has the responsibility to schedule annual leave after consulting with the employee and must notify the employee in advance. The employee can agree with the employer to take annual leave in several times or accumulate up to 03 years at a time.
5. If annual leave is taken before the salary payment period, the employee shall be advanced salary according to Clause 3, Article 101 of this Code.
6. If traveling by road, rail, or waterway for annual leave, and the travel time to and from exceeds 02 days, from the 3rd day, additional time is allowed for travel beyond the annual leave and is only accounted for 01 time in the year.
7. the Government of Vietnam provides detailed regulations on this matter.
Employees who have worked for a full 12 months for an employer are entitled to annual leave, specifically as follows:
- 12 working days for employees doing work under normal conditions;- 14 working days for employees who are minors, employees with disabilities, or those doing heavy, hazardous, or dangerous jobs;- 16 working days for employees doing particularly heavy, hazardous, or dangerous jobs.
Subsequently, for every 5 years of working for an employer, the employee's annual leave entitlement increases by 01 day.
For employees who have not worked for a full 12 months for an employer, the annual leave is proportional to the number of months worked.
If the employee resigns without using the full annual leave, the employer shall compensate for the unused leave days.
Vietnam: How many annual leave days does an employee have if they have not worked for less than 12 months? Shall unused annual leave be converted into money?
What are public holidays for employees in Vietnam?
Based on Article 112 of the Labor Code 2019, the regulations are as follows:
Public Holidays
1. Employees are entitled to fully paid leave on the following public holidays:
a) New Year's Day: 01 day (January 1, Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30, Gregorian calendar);
d) International Labor Day: 01 day (May 1, Gregorian calendar);
đ) National Day: 02 days (September 2, Gregorian calendar and 01 adjacent day);
e) Hùng Kings' Temple Festival: 01 day (March 10, Lunar calendar).
2. Foreign workers in Vietnam are entitled to an additional 01 traditional New Year day and 01 National Day of their country, in addition to the holidays stipulated in Clause 1 of this Article.
3. Annually, based on actual conditions, the Prime Minister of the Government of Vietnam decides specifically the holidays stipulated at Point b and Point đ, Clause 1 of this Article.
Thus, in a year, employees are entitled to the above-mentioned public holidays and receive full pay.
How many hours of a weekly break for employees in Vietnam?
Based on Article 111 of the Labor Code 2019, the regulations are as follows:
Weekly Rest
1. Each week, an employee is entitled to at least 24 consecutive hours of rest. In special cases where the work cycle does not allow for weekly rest, the employer must ensure the employee gets an average of at least 04 days off per month.
2. The employer has the right to arrange the weekly day off on Sunday or another specified day in the week but must state it in the labor regulations.
3. If the weekly rest day coincides with a public holiday as stipulated in Clause 1, Article 112 of this Code, the employee is entitled to take compensatory rest on the next working day.
Thus, employees are entitled to at least 24 consecutive hours of rest each week.
However, in special cases where the work cycle does not allow for weekly rest, the employer must ensure the employee gets an average of at least 04 days off per month.
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