Can companies in Vietnam force employees to take leave to clear annual leave?
Can companies in Vietnam force employees to take leave to clear annual leave? - Ms. Truc (Dong Nai)
How many annual leaves do employees in Vietnam have?
Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leave as follows:
Annual leave
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, the number of annual leave of employees depends on the nature of the occupation:
- 12 working days for employees who work in normal working conditions;
- 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
- 16 working days for employees who do highly laborious, toxic or dangerous works.
In addition, the annual leave of an employee shall increase by 01 day for every 05 years of employment with the same employer.
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.
Can companies in Vietnam force employees to take leave to clear annual leave? - Image from Internet
Can companies in Vietnam force employees to take leave to clear annual leave?
Pursuant to Article 113 of the Labor Code in 2019 stipulating as follows:
Annual leave
...
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.
...
As regulations above, 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.
In addition, there are no regulations that state that if an employee does not use up their annual leave and is still working, the company will pay them compensation.
Therefore, if the company has agreed with the employee on the annual leave schedule, but at the end of the year, the employee does not use up their annual leave and the company requires them to use up their annual leave, then this is not an illegal act.
Can employees receive compensation for the untaken leave days in Vietnam?
Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leaves as follows:
Annual leave
...
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.
...
Therefore, 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.
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