Am I entitled to 12 days of leave on long-term sick leave during the year in Vietnam? If I'm sick continuously for more than 12 months, will my contract be unilaterally terminated in Vietnam?

Am I entitled to 12 days of leave on long-term sick leave during the year in Vietnam?

If employees take long sick leave during the year, are they entitled to 12 days of leave? Hope to receive a response soon.

Answer: In Clause 1, Article 113 of the 2019 Labor Code, it is stipulated:

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.

And in Clause 7, Article 65 of Decree 145/2020/ND-CP, there are provisions:

Article 65. Periods included in working time as the basis for calculation of annual leave

7. Maternal leave prescribed by social insurance laws.

=> Thus, according to the above regulations in Vietnam, if an employee takes 2 months or less of cumulative sick leave during the year, he or she will still be entitled to 12 days of leave during the year. If an employee has cumulative sick leave of 2 months or more, he or she will not be entitled to 12 days of leave per year. The amount of leave during the year will be based on the actual working time of that employee.

If I'm sick continuously for more than 12 months, will my contract be unilaterally terminated in Vietnam?

I would like to ask if the employee can be unilaterally terminated the contract after being sick for more than 12 months continuously? My husband, Son, has throat cancer and has been undergoing treatment for more than a year. Last week, my husband's company announced that my husband would resign his job. However, I wonder if my husband is so sick, is it right for the company to unilaterally cancel the contract?

Answer: Pursuant to Article 36 of the 2019 Labor Code, the right of an employer to unilaterally terminates the employment contract:

1. An employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:

a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any);

b) The employee is sick or has an accident and remains unable to work after having received treatment for a period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration of the contract in case of an employment contract with a fixed term of less than 12 months.

Upon recovery, the employer may consider concluding another employment contract with the employee;

c) In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing requested by a competent authority, the employer has to lay off employees after all possibilities have been exhausted;

d) The employee is not present at the workplace after the time limit specified in Article 31 of this Labor Code;

dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties;

e) The employee is not present at work without acceptable excuses for at least 05 consecutive working days;

g) The employee fails to provide truthful information during the conclusion of the employment contract in accordance with Clause 2 Article 16 of this Labor Code in a manner that affects the recruitment.

2. When unilaterally terminating the employment contract in any of the cases specified in Point a, b, c, dd and g Clause 1 of this Article, the employer shall inform the employee  in advance:

a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in the case of an employment contract with a fixed term of less than 12 months and in the cases stipulated in Point b Clause 1 of this Article;

d) The notice period in certain fields and jobs shall be specified by the government.

3. When unilaterally terminating the employment contract in the cases mentioned in Point d and Point e Clause 1 of this Article, the employer is not required to inform the employee in advance.

Thus, according to current regulations compared to the school you mentioned above, the company's dismissal of your husband is in accordance with the law in Vietnam. Notification will be given 45 days in advance. However, in case your husband recovers, the company may consider re-signing the contract with your husband.

What does allowance when taking care of a sick child, maternity leave, and using contraceptive measures in Vietnam comprise?

Let me ask: What is allowance for taking care of a sick child, maternity leave, and implementing contraceptive measures according to the 2019 Labor Code? Thank you!

Answer: In Article 141 of the 2019 Labor Code, there are regulations on allowances for during period of care for sick children, pregnancy and implementation of contraceptive methods as follows:

When an employee takes leave to take care of a sick child aged under 07, have prenatal care check-up, due to miscarriage, abortion, stillbirth, therapeutic abortion, implementation of contraceptive methods or sterilization, the employee shall receive allowance for the leave period in accordance with social insurance laws.

Best regards!