How many days are employees allowed to fully paid personal leave in Vietnam?
How many days are employees allowed to fully paid personal leave in Vietnam?
In Article 115 of the Labor Code 2019, there are regulations on personal leave and unpaid leave 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.
Thus, employees are allowed to take personal leave and still receive full salary for a maximum of 3 days for marriage; 01 day for biological children and adopted children who are married and 03 days for biological fathers, biological mothers, adoptive fathers and adoptive mothers; biological father, biological mother, adoptive father, adoptive mother of the spouse; wife or husband; biological and adopted children die.
Note: The above personal leave must be notified to the employer.
How many days are employees allowed to fully paid personal leave in Vietnam?
How much are the fines imposed upon employers for failing to grant personal leave in Vietnam?
Clause 1, Article 18 of Decree 12/2022/ND-CP stipulates violations against regulations on working hours and rest periods 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.
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Article 6 of Decree 12/2022/ND-CP stipulates fines, power to impose penalties, and rules for imposing penalties for repeated violations as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
Thus, if the employers fail to grant personal leave for employees, they will be fined from 4,000,000 VND to 10,000,000 VND.
If an employee takes 2 days of annual leave to travel by rail both there and back, will he or she be counted as an additional leave during the year?
In Article 113 of the Labor Code 2019, there are regulations on annual leave as follows:
Annual leave
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
c) 16 working days for employees who do highly laborious, toxic or dangerous works.
2. An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.
4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.
5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.
6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.
7. The Government shall elaborate this Article.
Thus, when taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.
The calculation of 01 additional leave during the year is only counted when traveling by rail for more than 02 days, from the 3rd day onwards, additional travel time is counted in addition to the annual leave day and is only counted for 01 leave during the year.
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