How is annual leave calculated for employees who have worked for less than 12 months?

Article 113 of the 2019 Labor Code stipulates that employees who have worked for a full 12 months for an employer are entitled to annual leave with full pay according to their labor contract as follows:

- 12 working days for those doing jobs under normal conditions;- 14 working days for minor employees, employees with disabilities, or those doing heavy, hazardous, or dangerous jobs;- 16 working days for those doing exceptionally heavy, hazardous, or dangerous jobs.

Employees who have not worked for a full 12 months for an employer will be entitled to annual leave in proportion to the number of months worked.

Furthermore, Clause 1, Article 66 of Decree 145/2020/ND-CP stipulates the method for calculating annual leave in certain special cases as follows:

The annual leave days for employees who have not worked a full 12 months as stipulated in Clause 2, Article 113 of the Labor Code are calculated as follows: Take the annual leave days plus any additional days based on seniority (if any), divide by 12 months, and multiply by the number of actual months worked in the year to determine the number of annual leave days.

Example: In the case of an employee working under normal conditions, if they work for a full 12 months, they are entitled to 12 days of annual leave. Suppose the employee signed a labor contract (without a probation period) starting from April and until December 2021. In this case, the employee has 8 days of annual leave in 2021.

Please compare the above regulation with your specific situation.

Sincerely!