Is probation period considered as working time as the basis for calculation of annual leave in Vietnam?
Please ask if I have a probation job at an enterprise with a period of 2 months, then I signed an official labor contract. So, will my 2 months of probation be considered as working time as the basis for calculation of annual leave? And how many days of annual leave in Vietnam?
Is probation period considered as working time as the basis for calculation of annual leave in Vietnam?
Pursuant to Article 65 of Decree 145/2020/ND-CP, there are regulations on periods included in working time as the basis for calculation of annual leave as follows:
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.
According to this Article, the probationary period is still considered the working time as the basis for calculation of annual leave in Vietnam if, after the probationary period, you continue to work for the employer.
How many days of annual leave in Vietnam?
Pursuant to Clause 1, Article 113 of the 2019 Labor Code, which stipulates that 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.
According to this Article, your annual leave depends on your working conditions in Vietnam. The number of annual leave days is from 12 days to 16 days. For every 5 years of working, you will be entitled to an additional 1 day of annual leave.
Best Regards!
