10 periods included in working time as the basis for calculation of annual leave in Vietnam

Employees with a certain working period will have the right to take annual leave in accordance with the law and still receive salary. So what are periods included in working time as the basis for calculation of annual leave in Vietnam?

10 periods included in working time as the basis for calculation of annual leave in Vietnam (Illustration)

1. Periods included in working time as the basis for calculation of annual leave in Vietnam

According to Article 65 of Decree 145/2020 ND-C, periods included in working time as the basis for calculation of annual leave of employees in Vietnam are as follows:

- Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code 2019 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 2019.

- 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.

2. Determination of annual leave days in special cases in Vietnam

According to Article 66 of Decree 145/2020 ND-C, the determination of annual leave days in special cases is as follows:

- The number of annual leave days of an employee who has worked for less than 12 months mentioned in Clause 2 Article 113 of the Labor Code is calculated as follows:

The number of annual leave days = (annual leave days + extra leave days (if any)) / 12 months x actual working months in the year.

- In case an employee has an incomplete month of work, it will be considered a complete month (01 month) if the total working days and paid leave days (holidays, annual leave, personal leave prescribed in Article 112, Article 113, Article 114 and Article 115 of the Labor Code 2019) make up of at least 50% of the normal working days of the month.

- The entire period of time over which the employee works at state organizations and state-owned enterprises shall be included in the working time as the basis for determination of extra leave days according to Article 114 of the Labor Code 2019 if the employee keeps working at such state organizations and state-owned enterprises.

Nhu Mai

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