How many annual leave days do employees have per year? Is there an increase in annual leave days with long service in Vietnam?
How many annual leave days do employees have per year? Is there an increase in annual leave days with long service in Vietnam?
Based on Article 113 of the Labor Code 2019, the provisions are as follows:
Annual Leave
1. Employees who have worked for a full 12 months for an employer are entitled to annual leave with full salary as stated in the labor contract, as follows:
a) 12 working days for those working in normal conditions;
b) 14 working days for minor employees, disabled employees, or those performing heavy, hazardous, or dangerous jobs;
c) 16 working days for those performing especially heavy, hazardous, or dangerous jobs.
2. Employees who have not worked for a full 12 months for an employer are entitled to annual leave proportional to the number of months worked.
3. If the employment is terminated or employees lose their jobs and have not yet taken their annual leave or have not taken all entitled annual leave days, the employer is required to pay them the salary for the unused leave days.
4. Employers are responsible for setting the annual leave schedule after consulting with the employees and must notify them in advance. Employees can negotiate with employers to take annual leave in multiple installments or accumulate up to a maximum of three years.
5. If annual leave is taken but salary payment has not yet been made, the employee is entitled to an advance payment according to Clause 3 of Article 101 of this Code.
6. If employees take annual leave and use road, rail, or sea transport, and the total travel time exceeds two days, from the third day onwards, the travel time will be added to the annual leave, and this is only applicable for one leave period per year.
7. The Government of Vietnam details this article.
Thus, employees working for a full 12 months for an employer are entitled to 12 working days of annual leave if working in normal conditions.
For minor employees, disabled employees, or those performing heavy, hazardous, or dangerous jobs, they are entitled to 14 working days of annual leave.
For those performing especially heavy, hazardous, or dangerous jobs, they are entitled to 16 working days of annual leave.
Additionally, Article 114 of the Labor Code 2019 also stipulates that for every five years of service with an employer, the employee's annual leave will be increased by one day.
How many annual leave days do employees have per year? Is there an increase in annual leave days with long service in Vietnam?
What are regulations on public holidays for employees in Vietnam?
Based on Article 112 of the Labor Code 2019, the provisions 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 of the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 1 of the Gregorian calendar);
dd) National Day: 02 days (September 2 of the Gregorian calendar and one additional day either before or after);
e) Hung Kings’ Ancestral Death Anniversary: 01 day (March 10 of the Lunar calendar).
2. Foreign employees working in Vietnam are entitled to an additional day off for their respective traditional New Year and National Day in addition to the holidays specified in Clause 1 of this Article.
3. Annually, based on actual conditions, the Prime Minister of the Government of Vietnam will specify the public holidays stipulated in points b and đ of Clause 1 of this Article.
Thus, employees are entitled to fully paid leave on the holidays specified above.
What are the regulations on weekly breaks for employees in Vietnam?
Based on Article 111 of the Labor Code 2019, the provisions are as follows:
Weekly breaks
1. Each week, employees are entitled to at least 24 consecutive hours of rest. In special cases where it is not possible to have weekly breaks due to the labor cycle, employers are required to ensure employees have an average of at least four days of rest per month.
2. Employers have the authority to arrange the weekly breaks on Sundays or any other specified day of the week but must specify it in the labor regulations.
3. If the weekly breaks coincides with public holidays as specified in Clause 1 of Article 112 of this Code, employees are entitled to compensatory rest on the next working day.
Thus, the weekly breaks policies for employees are implemented as per the regulations mentioned above. Each week, employees are entitled to at least 24 consecutive hours of rest.
In special cases where it is not possible to have weekly breaks due to the labor cycle, employers must ensure that employees have an average of at least four days of rest per month.
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