Can employees request paid leave before and after Hung Kings Commemoration Day in Vietnam in 2024?
How many days off do employees get on Hung Kings Commemoration Day in Vietnam?
According to the 2024 perpetual calendar, Hung Kings Commemoration Day (the 10th of the 3rd lunar month) falls on Thursday, April 18, 2024, of the solar calendar.
Many people are currently wondering, "How many days off do we get for Hung Kings Commemoration Day" in accordance with current laws. To determine how many days off we get for Hung Kings Commemoration Day, we first need to verify whether Hung Kings Commemoration Day is an official public holiday in Vietnam or not.
Based on Article 112 of the Labor Code 2019, which regulates public holidays, it states:
Public holidays, Tet holidays
1. Employees are entitled to fully paid leave on the following holidays:
a) Gregorian New Year: 1 day (January 1 of the solar calendar);
b) Lunar New Year: 5 days;
c) Liberation Day: 1 day (April 30 of the solar calendar);
d) International Labor Day: 1 day (May 1 of the solar calendar);
dd) National Day: 2 days (September 2 of the solar calendar and 1 consecutive day before or after);
e) Hung Kings Commemoration Day: 1 day (the 10th of the 3rd lunar month).
2. Foreign employees working in Vietnam, besides the holidays stipulated in Clause 1 of this Article, are entitled to 1 additional traditional Tet holiday of their respective countries and 1 National Day of their country.
3. Annually, based on the actual conditions, the Prime Minister of the Government of Vietnam decides the specific holiday for the provisions stipulated at Points b and đ Clause 1 of this Article.
Therefore, Hung Kings Commemoration Day is an annual public holiday according to Vietnamese law.
The specific determination for the Hung Kings Commemoration Day holiday is as follows:
- 1 day off on Hung Kings Commemoration Day 2024 (the 10th of the 3rd lunar month), which corresponds to Thursday, April 18, 2024, of the solar calendar. Employees are entitled to fully paid leave in accordance with the law.
- 2 days off if Hung Kings Commemoration Day 2024 coincides with a weekly day off, so employees are entitled to an additional day off on the next working day (based on Article 111 of the Labor Code 2019).
Can employees request paid leave before and after Hung Kings Commemoration Day in Vietnam in 2024? (Image from the Internet)
Can employees request paid leave before and after Hung Kings Commemoration Day 2024?
According to Article 113 of the Labor Code 2019, employees who have worked for 12 months for an employer are entitled to annual leave, fully paid as follows:
- 12 working days for employees doing normal working conditions;
- 14 working days for minor employees, employees with disabilities, and those doing heavy, hazardous, or dangerous work;
- 16 working days for employees doing especially heavy, hazardous, or dangerous work.
Employees who have not worked for 12 months for an employer are entitled to annual leave proportionate to the number of months worked.
Therefore, if employees have not used up their annual leave or are allowed by the company to take annual leave in advance, they can request additional leave to extend the holiday while still receiving full salary.
In addition, based on Article 115 of the Labor Code 2019, employees can also negotiate with the employer for unpaid leave.
However, if the company's internal regulations stipulate that employees are not allowed to take leave on the day immediately before Hung Kings Commemoration Day 2024, then employees cannot request leave on that day.
Thus, if the company's labor regulations do not prohibit employees from taking leave on the day immediately before Hung Kings Commemoration Day, employees can take leave on the days before and after the holiday (using annual leave to get paid or requesting unpaid leave).
Additionally, if the day before or after Hung Kings Commemoration Day 2024 is a weekly day off, employees will still get fully paid leave without needing to request additional leave.
What time counts as working time for calculating annual leave days in Vietnam?
Article 65 of Decree 145/2020/ND-CP provides the following periods considered as working time for calculating annual leave:
- The time spent on apprenticeship and internship as prescribed in Article 61 of the Labor Code 2019 if, after the apprenticeship and internship, the employee continues to work for the employer.
- The probationary period if the employee continues to work for the employer after the probationary period.
- The time taken for personal leave with pay according to Clause 1 Article 115 of the Labor Code 2019.
- The time off without pay approved by the employer, but not exceeding 1 month in a year.
- The time off due to occupational accidents and diseases, but not exceeding 6 months in total.
- The time off due to illness, but not exceeding 2 months in total in a year.
- The time off for maternity leave according to social insurance laws.
- The time for performing union duties considered as working time according to the law.
- The time off work not due to the employee’s fault.
- The time off due to temporary work suspension, but subsequently, the employee is not found at fault or not subject to disciplinary action.
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