Does wedding leave count towards annual leave days in Vietnam?

Does wedding leave count towards annual leave days in Vietnam?

Pursuant to Article 115 of the Labor Code in 2019 stipulating personal leave, unpaid leave as follows:

Personal leave, unpaid leave

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.

In conclusion, wedding leave is one of the cases of leave for personal reasons and does not count towards annual leave days. Accordingly, employees are entitled to wedding leave and still receive their full salary for 3 days.

Note: Employees may negotiate with their employer to take unpaid leave on the days of their wedding leave.

When taking wedding leave, employees are responsible for notifying their employer.

Does wedding leave count towards annual leave days in Vietnam? - Source: Internet

How much salary can employees advance when taking annual leave in Vietnam?

Pursuant to Article 101 of the Labor Code in 2019 stipulating salary advances as follows:

Salary advances

1. An employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties.

2. The employer must make the advance payment to the employee for the number of days the employee temporarily leaves his/her work in order to perform duties of citizens for a period of 01 week or longer, but the advance shall not exceed 01 month’s salary. The employee must reimburse the advance.

An employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.

3. When taking annual leave, an employee shall receive an advance payment of at least salary for the entitled days of leave.

Therefore, employees are entitled to advance a minimum of the salary for the days of leave when taking annual leave.

How many days of leave do employees in Vietnam have in a year?

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.

In conclusion, employees who have worked for at least 12 months for the same employer are entitled to 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.

If the employee has not worked for at least 12 months, the number of days of leave in 1 year is equivalent to the number of months worked.

Note: For every 5 years of employment with the same employer, the employee's annual leave days will increase by 1 day (as stipulated in Article 114 of the Labor Code in 2019).

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