How many days of unpaid leave are not considered as the basis for calculation of annual leave in Vietnam? Do the employees in Vietnam have to make notification when taking unpaid leave?

How many days of unpaid leave are not considered as the basis for calculation of annual leave in Vietnam?

Pursuant to Article 65 of the Decree 145/2020/ND-CP stipulating periods included in working time as the basis for calculation of annual leave:

Periods included in working time as the basis for calculation of annual leave

1. Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.

2. Probation period if the employee keeps working for the employer after the end of the probation period.

3. Personal leave prescribed in Clause 1 Article 115 of the Labor Code.

4. Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.

5. Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.

6. Sick leave if not exceeding 02 months per year totally.

7. Maternal leave prescribed by social insurance laws.

8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.

9. Work suspension and leave through no fault of the employee.

10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.

As regulated above, if employees take unpaid leave for over 01 month per year totally, such period of time shall not be considered as the basis for calculation of annual leave in Vietnam.

How many days of unpaid leave are not considered as the basis for calculation of annual leave in Vietnam? Do the employees in Vietnam have to make notification when taking unpaid leave? - image from internet

Do the employees in Vietnam have to make notification when taking unpaid leave?

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

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.

As regulated above, 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.

What are the fines imposed on employers for not approving unpaid leave of employees in Vietnam?

Pursuant to Clause 1.a, Article 18 of the Decree 12/2022/ND-CP stipulating violations against regulations on working hours and rest periods:

Violations against regulations on working hours and rest periods

1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;

b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Applying normal working hours exceeding the working hours prescribed by law;

b) Mobilizing employees to work overtime without their consent, except for the cases specified in Article 108 of the Labour Code.

4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;

dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.

As regulated above, the fines imposed on employers for not approving unpaid leave of employees in Vietnam are as follows:

- If the employer is an individual, he/she shall be fined from VND 2.000.000 to VND 5.000.000

- If the employer is an organization, he/she shall be fined from VND 4.000.000 to VND 10.000.000 according to Clause 1, Article 16 of the Decree 12/2022/ND-CP

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