If the company works on Saturday, does annual leave count on Saturday in Vietnam?
If the company works on Saturday, does annual leave count on Saturday in Vietnam? In which case is annual leave counted for traveling time in Vietnam?
I am a company employee according to company regulations, Saturday is my working day. I want to apply for annual leave in the near future, but I don't know if my annual leave includes Saturday? In which cases, employees are entitled to additional traveling time?
If the company works on Saturday, does annual leave count on Saturday in Vietnam?
Pursuant to Article 113 of the Labor Code 2019 stipulates the annual leave 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.
Thus, according to current regulations in Vietnam, the annual leave is regulated depending on your work and working experience. However, it is clearly stated that the annual leave is a working day. Therefore, in case you mentioned that your company has working regulations, your annual leave will include Saturday.
In which case is annual leave counted for traveling time in Vietnam?
Pursuant to Clause 6 of Article 113 of the Labor Code 2019, the annual leave is prescribed as follows:
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.
Thus, according to current regulations in Vietnam, when going on the road, traveling time in excess to 02 days, the employee is entitled to extra traveling time in the annual leave days. Note that once for an annual leave in a year is counted.
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