Vietnam: How to calculate the remaining annual leave? What is the working time to calculate the annual leave in 2022?
How to calculate the remaining annual leave in Vietnam?
According to Article 113 of the 2019 Labor Code, employees' annual leave days are 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.
According to Article 114 of the 2019 Labor Code on annual leave according to working seniority:
Annual leave increases with seniority
For every full 05 years working for an employer, the number of annual leave days of the employee as prescribed in Clause 1, Article 113 of this Code shall be increased by 01 day respectively.
Vietnam: How to calculate the remaining annual leave? What is the working time to calculate the annual leave in 2022?
What are the periods included in working time as the basis for calculation of annual leave in Vietnam?
According to Article 65 of Decree 145/2020/ND-CP stipulating the periods included in working time as the basis for calculation of annual leave
+ Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.
+ Probation period if the employee keeps working for the employer after the end of the probation period.
+ Personal leave prescribed in Clause 1 Article 115 of the Labor Code.
+ Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.
+ Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.
+ Sick leave if not exceeding 02 months per year totally.
+ Maternal leave prescribed by social insurance laws.
+ Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.
+ Work suspension and leave through no fault of the employee.
+ Suspension period after which the employee is exonerated or exempt from disciplinary actions.
Thus, the number of annual leave days of employees is calculated as follows:
+ The number of annual leave days of an employee who has worked for less than 12 months: Annual leave days equal (=) (Annual leave days divided by (:) 12 months) multiplied by (x) actual working months in the year.
In there:
- Annual leave days of employees is from 12 to 16 days depending on working conditions and working subjects (specified in Clauses 1 and 2, Article 113 of the Labor Code 2019).
- In case of working for less than a month: If the total number of working days and paid leave days of the employee accounts for 50% of the normal working days in a month, it shall be counted as 01 working month.
+ For employees who have worked for full 12 months or more:
Number of annual leave days = (Number of annual leave days + Number of days off according to seniority (if any)
How to calculate the remaining annual leave and working time to calculate the annual leave in Vietnam?
Pursuant to Clause 3, Article 67 of Decree 145/2020/ND-CP stipulates:
Travel allowances, salary during travel, annual leave and other paid leave days
...
The salary as the basis for paying an employee for untaken annual leave days according to Clause 3 Article 113 of the Labor Code is the salary written in his/her employment contract of the month preceding the month in which the employee resigns or loses his/her job.
The calculation of the remaining annual leave is as follows:
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