Probationary Period Counted Towards Annual Leave?

According to Clause 2, Article 6 of Decree 45/2013/ND-CP guiding the Labor Code regarding working hours, rest periods, labor safety, and hygiene, the time considered as working hours of the employee for calculating annual leave includes: The probation period under the labor contract followed by work for the employer.

Clause 2, Article 114 of the Labor Code 2012 stipulates: Employees with less than 12 months of work shall have their annual leave calculated in proportion to their working time. If not taken, it shall be compensated in cash.

Thus, according to this regulation, if the probationary work meets requirements, both parties will sign a labor contract. At that time, the probation period under the labor contract is considered as the employee's working time for calculating annual leave.

Sincerely!