What is the result of calculation of the remaining years of the workers in Vietnam?

Annual leave or annual leave is the benefits enjoyed by the employees upon signing the labor contract. However, in some cases the workers do not take off all the previous years before resignation, the remaining years' money is calculated as a substitute?

What is the result of calculation of the remaining years of the workers in Vietnam?

1. Number of working days per year in Vietnam

Pursuant to Clause 1, Clause 2 Article 113 of the Labor Code 2019 on annual leave as follows:

- Employees who work for the full 12 months for an employer are entitled to fully paid annual leave and enjoy full salary under the employment contract as follows:

+ 12 working days for employees working in normal conditions;

+ 14 working days for minor employees, disabled employees, persons performing heavy, hazardous or dangerous occupations and jobs;

+ 16 working days for persons performing specially heavy, hazardous or dangerous occupations or jobs.

- If the employee works for less than 12 months for an employer, the number of annual leave days shall be proportional to the number of working months.

As stated above, the workers who have worked for full 12 months in a year will have the number of working days corresponding to working conditions from 12 days to 16 days.

2. Has not taken all the year of remaining annual leave paid in money in Vietnam?

Pursuant to Clause 3 Article 113 of the Labor Code 2019, prescribing that the employer shall pay salaries for untaken leave days in the case of dismissal or job loss without annual leave or full annual leave days.

In this case, the employer shall pay the employee wage to the workers if the employee does not resign for the full number of years.

3. Bases to calculate from annual leave days in Vietnam

In Article 67 of the Labor Code 2019, salary used as the basis for paying employees on untaken leave days or fully untaken annual leave days in accordance with Clause 3 Article 113 of the Labor Code shall be the salary specified in the employment contract of the month preceding the month in which the employee terminates or loses his/her job.

Thus, the annual leave compensation can be calculated as follows:

Remaining annual leave = (Salary specified in the employment contract of the month preceding the month when the employer resigns or loses his/her job/the number of normal working days of the month preceding the month when the employee resigns or loses his/her job) x the number of remaining days of leave.

Ngoc Nhi

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