Are annual leave days counted toward seniority in Vietnam?

Are annual leave days counted toward seniority in Vietnam?

Question: Yes, I have read the law: For every 5 years of working for an employer, the employee has the number of annual leave days. So, my vacation days and full salary per year are 12 days, so are those vacation days counted toward seniority benefits?

Reply:

Pursuant to Article 114 of the 2019 Labor Code, it is stipulated as follows:

Increased annual leave by work seniority

The annual leave of an employee as prescribed in Clause 1 Article 113 of this Code shall increase by 01 day for every 05 years of employment with the same employer.

Thus, for every 5 years of work, the employee will receive 1 additional day of annual leave, so in your case, when applying for leave, the leave will still be calculated according to seniority in this regulation in Vietnam.

Are annual leave days counted toward seniority in Vietnam? (Image from the Internet)

Does annual leave require a reason in Vietnam?

Question: According to labor law regulations, when employees take annual leave, do they need to have a reason?

Reply:

According to Article 113 of the 2019 Labor Code, there are regulations on 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 this Article, the Law does not stipulate that when taking annual leave, an employee must have a reason (ie, without a reason, the employee can still take leave without being bound).

However, the regulations on procedures for applying for annual leave will be decided by the employer and can be clearly specified in the internal rules and regulations at the unit and employees must follow to receive annual leave. Normally, the employee will be asked to clearly state the reason for taking leave. It is mandatory to clearly state the reason, but this reason for taking leave is not a condition for the employer to allow the employee to take leave or not. As long as you comply with your unit's regulations on requesting leave, you will be granted leave in Vietnam.

If I give 45 days notice to resign my job, will I still be entitled to annual leave in Vietnam?

Question: I have notified the company in advance that I will resign my job 45 days later, can I take annual leave during this time? I still have a few days of annual leave left.

Reply:

In this case, you are still an employee of the company, your rights and benefits are still guaranteed as agreed in the labor contract, according to the company's internal rules and regulations and according to the provisions of law.

Pursuant to Article 113 of the 2019 Labor Code regulating annual leave, Articles 65, 66, 67 of Decree 145/2020/ND-CP detailing this Article 113 as well as other related regulations do not regulate If you decide to resign your job during the notice period, you will not be allowed to take annual leave.

Therefore, as long as you comply with the regulations on annual leave (order and procedures) at the company, you will still be able to take leave in Vietnam.

Best regards!