What are the fines imposed on the employers for failure to approve annual leave of employees in Vietnam?
What are the fines imposed on the employers for failure to approve annual leave of employees in Vietnam? - Ms. Nguyen (Binh Duong)
How many annual leaves do employees in Vietnam have?
Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leave as follows:
Annual leave
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.
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As regulations above, the number of annual leave of employees depends on the nature of the occupation:
- 12 working days for employees who work in normal working conditions;
- 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
- 16 working days for employees who do highly laborious, toxic or dangerous works.
In addition, pursuant to Article 114 of the Labor Code in 2019, the annual leave of an employee shall increase by 01 day for every 05 years of employment with the same employer.
What are the fines imposed on the employers for failure to approve annual leave of employees in Vietnam? - Image from Internet
What are the fines imposed on the employers for failure to approve annual leave of employees in Vietnam?
Pursuant to Clause 2 Article 18 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on working hours and rest periods as follows:
Violations against regulations on working hours and rest periods
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2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.
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Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating fines, power to impose penalties, and rules for imposing penalties for repeated violations as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
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As regulations above, if the employers fail to approve annual leave of employees, they will commit violations against regulations on annual leaves.
In the above case, the employer may be fined from VND 10.000.000 to VND 20.000.000 (for an individual employer) or from VND 20.000.000 to VND 40.000.000 (for an organizational employer).
Is the time for maternity leave for employees considered as annual leave in Vietnam?
Pursuant to Article 65 of the Decree 145/2020/NĐ-CP stipulating periods included in working time as the basis for calculation of annual leave as follows:
Periods included in working time as the basis for calculation of annual leave
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.
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As regulations above, the time for maternity leave for employees is considered as annual leave in Vietnam.
Therefore, in the year of employment, if the employee takes maternity leave, the time for maternity leave will still be used as the basis for calculating annual leave and the employee will not be deducted from the annual leave days due to the time for maternity leave.
Best regards!
