Can an employee in Vietnam take leave if their adoptive parents die?
Can an employee in Vietnam take leave if their adoptive parents die? Can an employee in Vietnam who has not worked for 12 months take annual leave? What are regulations on holidays for employees in Vietnam?
Hello Lawnet. I am a child who was orphaned and adopted by a family. My adoptive parents are now old, and I am working far away. I would like to ask if I can take leave to return home if my adoptive parents die.
Thank you!
Can an employee in Vietnam take leave if their adoptive parents die?
Pursuant to Article 115 of the Labor Code in 2019 stipulating personal leave, unpaid leave as follows:
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;
b) Marriage of his/her biological child or adopted child: 01 day;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
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.
As regulations above, an employee in Vietnam may take 03 days leave if their adoptive parents die.
Can an employee in Vietnam take leave if their adoptive parents die? - Source: Internet
Can an employee in Vietnam who has not worked for 12 months take annual leave?
Pursuant to Article 113 of the Labor Code in 2019 stipulating 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.
As regulations above, 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.
What are regulations on holidays for employees in Vietnam?
Pursuant to Article 112 of the Labor Code in 2019 stipulating public holidays as follows:
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.
Above are regulations on public holidays for employees in Vietnam.
Best regards!
