Can an employee in Vietnam save his/her leave days for the next year?

Can an employee in Vietnam save his/her leave days for the next year?

Hello Lawnet. Due to the Covid-19 pandemic, I have not taken any leave days yet. I still have 12 days of leave. Can I save them for next year?

Answer:

Pursuant to Clause 3 and 4, Article 113 of the Labor Code in 2019 stipulating annual leave as follows:

- 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.

- 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.

Therefore, since 2021, if employees do not use up their annual leave and continue to work, they will not be paid for the remaining days.

However, employees can negotiate with their company to take annual leave in several installments or combine it for a maximum of three years at a time. In addition, each company will have its own internal regulations on annual leave. Therefore, you can review the regulations or contact the company directly about this issue.

Can an employee in Vietnam save his/her leave days for the next year? - Source: Internet

Can an employee in Vietnam get a pension if he/she quits his/her job for being infected with HIV?

My uncle works in the police force. He was infected with HIV during his duty. He has 22 years of insurance coverage but is only 50 years old. I don't know if he will be eligible for a pension when he retires.

Answer:

Pursuant to Article 219 of the Labor Code in 2019 stipulating conditions for receiving retirement pension as follows:

Amendments to some Articles of labor-related Laws

Amendments to the Law on Social insurance No. 58/2014/QH13, which has been amended by the Law No. 84/2015/QH13 and the Law No. 35/2018/QH14:

Amendments to Article 54:

An employee mentioned in Points a, b, c, d, g, h and i Clause 1 Article 2 of this Law, except for the cases specified in Clause 3 of this, will receive retirement pension if he/she has paid social insurance for at least 20 years and:

- He/she has reached the retirement age specified in Clause 2 Article 169 of the Labor Code;

- He/she has reached the retirement age specified in Clause 3 Article 169 of the Labor Code and has at least 15 years’ doing the laborious, toxic or dangerous works or highly laborious, toxic or dangerous works on the lists of the Ministry of Labor, War Invalids and Social Affairs; or has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region factor of at least 0,7 before January 01, 2021;

- His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 10 years and he/she has worked in coal mines for at least 15 years; or

- He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.

Therefore, according to the law, people who participate in social insurance and are infected with HIV due to occupational accidents with at least 20 years of social insurance contributions, are eligible for a pension. Therefore, your uncle, who works in the police force and is infected with HIV due to occupational risk, will be eligible for a pension when he retires.

Can an employee in Vietnam takes leave 4 days in a month?

Hello lawyer! I would like to ask if I am entitled to 4 days of leave per month according to the regulations. I am currently a security guard working for a shoe sewing company.

Answer:

Pursuant to Article 111 of the Labor Code in 2019 stipulating as follows:

- Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

- The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

- In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.

As regulations above, according to the above regulations, the company is responsible for ensuring that employees are given at least 4 days of leave per month on average. Therefore, in your case, the company is responsible for arranging for you to have at least 4 days off per month.

Best regards!