Are employees on probationary period entitled to annual leave in Vietnam?

Are employees on probationary period entitled to annual leave in Vietnam?

Pursuant to Article 65 of Decree 145/2020/ND-CP stipulating periods included in working time as the basis for calculation of annual leave as follows:

1. Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.

2. Probation period if the employee keeps working for the employer after the end of the probation period.

3. Personal leave prescribed in Clause 1 Article 115 of the Labor Code.

4. Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.

5. Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.

6. Sick leave if not exceeding 02 months per year totally.

7. Maternal leave prescribed by social insurance laws.

8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.

9. Work suspension and leave through no fault of the employee.

10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.

According to this Article, employees are entitled to annual leave if employees continue to work for the employer after the probationary period expires in Vietnam.

If an employee has worked for less than 12 months, what is caculation of the number of annual leave days in Vietnam? 

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

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.

Thus, if the 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 in Vietnam.

Best Regards!