Shall periods of meetings be included in paid working hours of employees in Vietnam?

Shall periods of meetings be included in paid working hours of employees in Vietnam?

Pursuant to Article 58 of the Decree 145/2020/NĐ-CP stipulating time periods included in paid working hours as follows:

1. Rest breaks prescribed in Clause 2 Article 64 of this Decree.

2. Work-specific breaks.

3. Breaks that are necessary and accounted for in productivity norms due to natural human needs.

4. Rest periods to which female employees that are pregnant, raising a child under 12 months of age or during menstruation are entitled as prescribed in Clause 2 and Clause 4 Article 137 of the Labor Code.

5. Work suspension periods through no fault of the employees.

6. Periods of meetings, learning, training required or accepted by the employer.

7. Time periods over which trainees and apprentices directly perform or participate in performance of work as prescribed in Clause 5 Article 61 of the Labor Code.

8. Time periods over which employees who are members of the management board of the internal employee representative organization are employed to perform the duties prescribed Clause 2 Decree Clause 3 Article 176 of the Labor Code.

9. Time spent on health check-up, medical examination for occupational diseases, medical evaluation for determination of work capacity reduction due to occupational accidents or diseases if arranged or required by the employer.

10. Time spent on registration and medical examination for military service if the employees are paid for as prescribed by military service laws.

As regulations above, periods of meetings required by the employer shall be included in paid working hours of employees in Vietnam.

In Vietnam: Is it mandatory to give employees weekly breaks on Sunday?

Pursuant to Article 111 of the Labor Code in 2019 stipulating weekly breaks as follows:

1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

3. In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.

As regulations above, the employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

What are regulations on annual leave of employees in Vietnam?

Pursuant to Article 113 of the Labor Code in 2019 stipulating 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.

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.

Above are annual leave of employees in Vietnam.

Best regards!