If an employee who due to job loss, has not taken or not entirely taken up his/her annual leave, can he/she change it to money in Vietnam?

If an employee who due to job loss, has not taken or not entirely taken up his/her annual leave, can he/she change it to money in Vietnam?

Pursuant to Article 113 of the Labor Code 2019, the annual leave are as follows:

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 addition, Article 67 of the Decree 145/2020/ND-CP regulates the payment of train fees, salary during the time of travel, salary for annual holidays and other paid holidays:

1. Travel allowances and salary during travel in addition to annual leave prescribed in Clause 6 Article 113 of the Labor Code shall be negotiated by both parties.

2. The salary as the basis for paying an employee during paid personal leave, annual leave and public holidays according to Article 112, Clause 1 and Clause 2 Article 113, Article 114, Clause 1 Article 115 of the Labor Code is the salary written in his/her employment contract that is effective at that time.

3. The salary as the basis for paying an employee for untaken annual leave days according to Clause 3 Article 113 of the Labor Code is the salary written in his/her employment contract of the month preceding the month in which the employee resigns or loses his/her job.

Thus, according to the current regulations in Vietnam , when employees leave their jobs, lose their jobs but still have not taken annual leave or not enough leave, these holidays will be converted into salary and this salary is based on the time before leaving the job. In the case that you mentioned, you can receive 03 days of salary corresponding to the adjacent salary before you leave the job.

How to calculate annual leave in some special cases in Vietnam?

Pursuant to Article 66 of this Decree, the calculation of annual leave in some special cases:

1. The number of annual leave days of an employee who has worked for less than 12 months mentioned in Clause 2 Article 113 of the Labor Code equals (=) annual leave days plus (+) extra leave days (if any) divided by (:) 12 months multiplied by (x) actual working months in the year.

2. In case an employee has an incomplete month of work, it will be considered a complete month (01 month) if the total working days and paid leave days (holidays, annual leave, personal leave prescribed in Article 112, Article 113, Article 114 and Article 115 of the Labor Code) make up of at least 50% of the normal working days of the month.

3. The entire period of time over which the employee works at state organizations and state-owned enterprises shall be included in the working time as the basis for determination of extra leave days according to Article 114 of the Labor Code if the employee keeps working at such state organizations and state-owned enterprises.

Best Regards!