Are employees entitled to take a fully paid personal leave multiple times when getting married multiple times in Vietnam?

Are employees entitled to take a fully paid personal leave multiple times when getting married multiple times in Vietnam?

In case the employee gets married multiple times. At a workplace with multiple marriages (divorce and then marriage to someone else), will that employee be entitled to take a fully paid personal leave for each marriage?

Reply:

At Point a, Clause 1, Article 115 of the 2019 Labor Code:

1. An employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:

a) Marriage: 03 days;

According to the above regulations in Vietnam, employees will be entitled to leave with full pay for 3 working days. Even though that employee married many people at different times. So in the case of a company, employees marry many time. If the marriage is legal and with normal marriage registration, the employee is entitled to 3 days off with full pay for each marriage.

Can I be entitled to take a fully paid personal leave when my sister passes away in Vietnam?

Can you tell me how many days off can I take when my sister passes away? And do I get fully paid?

Reply:

Clause 2, Clause 3, Article 115 of the 2019 Labor Code stipulates personal leave and unpaid leave as follows:

2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.

3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article.

According to this Article, when your biological sister passes away, you are entitled to 1 day of unpaid leave. Note: you must notify the company. If you want to take more than 1 day off, you can negotiate with the company to take unpaid leave in Vietnam.

If companies let their employees resign and give 30 days prior notice, is there any compensation in Vietnam?

Could you please let me know if the company lets an employee quit before the contract period expires because the company has recruited another person who can take on more work to replace him, even if the company gives 1 month's notice, does the company have to compensate the contract?

Reply:

Article 36 of the 2019 Labor Code stipulates:

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, for employees to quit their job, they do not need a reason, they just need to meet the regulations on notice period in Vietnam. However, for employers, if they want to let employees quit, they need to have proof.

In case your company lets the employee quit because he has found a better replacement, it is not appropriate. If the two parties do not have any other agreement, the company is responsible for compensating the employee in Vietnam.

See more in Article 42 of the 2019 Labor Code on Obligations of the employer when unilaterally terminating the labor contract illegally.

Best regards!