Is probationary period included in working time as the basis for calculation of annual leave of employees in Vietnam?

Is probationary period included in working time as the basis for calculation of annual leave of employees in Vietnam?

In 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 current regulations in Vietnam, the probationary period is still included in working time as the basis for calculation of annual leave. In case you work from March 2022, in 2022 you will have 8 days of annual leave.

If employees work 8 hours a day, at least how many minutes will employees get rest break in Vietnam?

In Article 109 of the Labor Code 2019, there are provisions on rest breaks during working hours as follows:

1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.

Article 105 of the Labor Code 2019 provides for normal working hours as follows:

1. Normal working hours shall not exceed 08 hours per day or 48 hours per week.

2. An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.

The State encourages employers to apply 40-hour workweeks.

3. Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.

According to this Article, in the case of working for 8 hours a day in Vietnam, employees will be given at least 30 consecutive minutes of rest break, and at night, at least 45 minutes of continuous breaks.

What is determination of annual leave days of employees in Vietnam in special cases?

In Article 66 of Decree 145/2020/ND-CP, there are regulations on determination of annual leave days of employees in Vietnam in special cases as follows:

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.

Thus, determination of annual leave days of employees in Vietnam in special cases will be done according to the above regulations.

Best Regards!