Entitled to 16 Days of Annual Leave for Hazardous and Dangerous Work?
Entitled to 16 days of annual leave for hazardous and dangerous jobs?
Are employees working in hazardous, dangerous jobs entitled to 16 days of annual leave?
Answer:
Clause 1, Article 113 of the Labor Code 2019 stipulates:
- Employees who have worked for an employer for a full 12 months are entitled to annual leave with full pay according to their labor contract as follows:
a) 12 working days for employees doing work under normal conditions;
b) 14 working days for juvenile employees, employees with disabilities, employees doing heavy, hazardous, and dangerous work;
c) 16 working days for employees doing particularly heavy, hazardous, and dangerous work.
...
Thus, employees engaged in particularly heavy, hazardous, and dangerous jobs are entitled to 16 days of annual leave; employees engaged in heavy, hazardous, and dangerous jobs are entitled to 14 days of annual leave.
Is pearl farming considered hazardous and dangerous work?
Is pearl farming considered hazardous and dangerous work? And is it entitled to 14 days of annual leave for being hazardous and dangerous?
Answer:
According to Official Dispatch 2753/LDTBXH-BHLD of 1995 and the List of heavy, hazardous, and dangerous jobs; and particularly heavy, hazardous, and dangerous jobs issued with Circular 11/2020/TT-BLDTBXH, the job of pearl farming is classified as heavy, hazardous, and dangerous due to the outdoor nature of the work, the heavy tasks involved, and the frequent immersion in water.
Point b, Clause 1, Article 113 of the Labor Code 2019 stipulates:
Employees who have worked for an employer for a full 12 months are entitled to annual leave with full pay according to their labor contract as follows:
14 working days for juvenile employees, employees with disabilities, employees doing heavy, hazardous, and dangerous work;
...
Therefore, employees engaged in pearl farming are entitled to 14 days of annual leave, with full pay according to their labor contract (if they have worked for an employer for a full 12 months).
Employees who have not worked for a full 12 months for an employer are entitled to annual leave in proportion to the number of months worked. For every 5 years of work for an employer, the number of annual leave days stipulated in Clause 1, Article 113 of this Code will increase by 1 day.
Number of annual leave days for employees working in a hazardous and dangerous environment?
Hello Lawyer, I am currently employed at an industrial zone, involving hazardous trades, frequently exposed to smoke, dust, and chemicals. Could you please tell me: How many days of annual leave are employees working in a hazardous and dangerous environment entitled to according to the Labor Code 2019?
Answer:
Article 113 of the Labor Code 2019 stipulates:
Employees who have worked for an employer for a full 12 months are entitled to annual leave with full pay according to their labor contract as follows:
16 working days for employees engaged in particularly heavy, hazardous, and dangerous jobs.
Best regards!
