How many annual leave days do employees in Vietnam have? What are regulations on salary for unused annual leave in Vietnam?
How many annual leave days do employees in Vietnam have?
Pursuant to Article 113 of the Labor Code 2019 on annual leave:
Article 113. Annual Leave
- An employee who has worked for a full 12 months for an employer is entitled to annual leave with full pay according to the labor contract as follows:
a) 12 working days for those doing jobs under normal conditions;
b) 14 working days for minors, disabled employees, or those working in heavy, hazardous, or dangerous occupations or jobs;
c) 16 working days for those working in particularly heavy, hazardous, or dangerous occupations or jobs.
- An employee who has worked for less than 12 months for an employer shall be entitled to annual leave days proportionate to the number of months worked.
- In the event of termination or job loss without having taken annual leave, or having taken insufficient days, the employer shall pay wages for the days not taken.
- The employer is responsible for stipulating the annual leave schedule after consulting with the employees and must notify them in advance. Employees may agree with the employer to take annual leave in multiple installments or defer it for up to 3 years at a time.
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According to the above regulation, the number of annual leave days for an employee is as follows:
- For employees who have worked a full 12 months:
+ Working under normal conditions: 12 days
+ Minors, disabled employees, or those working in heavy, hazardous, or dangerous occupations: 14 days
+ Employees working in particularly heavy, hazardous, or dangerous occupations: 16 days.
- For employees who have worked less than 12 months: The number of annual leave days will be proportionate to the number of months worked.
The employer, after consulting with the employees, has the responsibility to determine the annual leave schedule. The employer must notify the employees of this schedule in advance.
An employee may agree with the employer to take annual leave in multiple installments or agree to accumulate leave for up to 3 years at a time.
How many annual leave days do employees in Vietnam have? What are regulations on salary for unused annual leave in Vietnam? (Image from the Internet)
What are regulations on salary for unused annual leave in Vietnam?
Pursuant to Article 67 of Decree 145/2020/ND-CP on the calculation of wages:
Article 67. Transport Costs, Wages During Travel Time, Wages for Annual Leave and Other Paid Leaves
- Transport costs and wages for travel time outside of the annual leave according to Clause 6 of Article 113 of the Labor Code are agreed upon by both parties.
- The wage used as the basis to pay employees for public holidays, annual leave, and other paid leave per Article 112, Clause 1 and 2 of Article 113, Article 114, Clause 1 of Article 115 of the Labor Code is the wage specified in the labor contract at the time the employee takes the leave.
- The wage used as the basis to pay employees for unused annual leave days or days not fully taken according to Clause 3 of Article 113 of the Labor Code is the wage specified in the labor contract for the month preceding the month the employee ends employment or loses their job.
According to the above regulation, the wage paid to employees for unused annual leave days or days not fully taken is the wage according to the labor contract of the month preceding the month the employee lost their job or terminated employment. Specifically, as follows:
Wage for Unused or Partially Unused Annual Leave Days = Wage of the Preceding Month According to Labor Contract : Number of Working Days Calculated for the Preceding Month x Number of Unused or Partially Unused Annual Leave Days
How long must one in Vietnam work to increase annual leave days?
Pursuant to Article 114 of the Labor Code 2019 on additional annual leave days based on seniority:
Article 114. Additional Annual Leave Days Based on Seniority
For every 5 years of work for an employer, the employee’s annual leave according to Clause 1 of Article 113 of this Code is increased by 1 day.
According to the above regulation, an employee who has worked for an employer for a full 5 years is entitled to an additional annual leave day.
