How many days of annual leave are public employees in Vietnam entitled to?

How many days of annual leave are public employees in Vietnam entitled to?

Pursuant to Article 13 of the Law on Public Employees in 2010 stipulating rights of public employees to rest as follows:

1. To take annual leaves, holidays and leaves for personal reasons under the labor law. Public employees who do not use any or all of prescribed annual leave days due to work requirements are entitled to a sum of money for those days on which they work.

2. Public employees working in mountainous, border, island, deep-lying and remote areas and in other special cases may take leave days of 2 years at a time if they so wish. If wishing to take leave days of 3 years at a time, they shall obtain consent of the heads of their public non-business units.

3. For special non-business fields, public employees may take paid leaves as provided by law.

4. To lake unpaid leaves for plausible reasons and after obtaining consent of the heads of their public non-business units.

Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leave as follows:

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 the current regulations, public employees who work in normal conditions are entitled to a maximum of 12 days of annual leave. Public employees who work in heavy, hazardous, and dangerous jobs are entitled to a maximum of 14 days of annual leave, and 16 days for civil servants who work in particularly heavy, hazardous, and dangerous jobs.

How many days of annual leave are public employees in Vietnam entitled to? - Source: Internet

How many months is the minimum probationary period for public employees in Vietnam?

Pursuant to Article 27 of the Law on Public Employees in 2010 stipulating probation regime as follows:

1. A recruited public employee must undergo the probation regime, except those who have at least full 12 months of performing professional work relevant to the working positions for which they are recruited.

2. The probation period may last from 3 months to 12 months and must be stated in the working contract.

3. The Government shall detail the probation regime.

As regulations above, the minimum probationary period for public employees in Vietnam is 3 months.

What are prohibited acts of public employees in Vietnam?

Pursuant to Article 19 of the Law on Public Employees in 2010 stipulating prohibitions on public employees as follows:

1. Shirking responsibility or refusing to discharge assigned work or tasks; sowing factionalism and disunity: quitting jobs arbitrarily: going on strike.

2. Illegally using assets of agencies, organizations, units and the people in contravention of law.

3. Discriminating in any form against nationality, gender, social strata, beliefs and religions.

4. Taking advantage of professional activities to conduct propaganda against the line and policies of the Party and the laws of the State or to the detriment of the fine traditions and customs and cultural and spiritual life of the people and society.

5. Hurting the honor, dignity and prestige of others when carrying out professional activities.

6. Other prohibitions as provided by the Law Against Corruption, the Law on Thrift Practice and Wastefulness Combat and other relevant laws.

Above are prohibited acts of public employees in Vietnam.

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