Will employers who fail to grant personal leave to employees be fined in Vietnam?
Will employers who fail to grant personal leave to employees be fined in Vietnam? If so, how much is the penalty? I'm looking forward to the answer. Question from Mr. Tan in Dong Nai.
In 2024, in what cases will employees be entitled to take a fully paid personal leave in Vietnam?
Pursuant to Article 115 of the 2019 Labor Code regulating personal leave and unpaid leave:
Article 115. Personal leave, unpaid leave
1. An employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:
a) Marriage: 03 days;
b) Marriage of his/her biological child or adopted child: 01 day;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article.
According to the above regulations, employees are entitled to take a fully paid personal leave in the following circumstances:
- Marriage: 03 days;
- Marriage of his/her biological child or adopted child: 01 day;
- Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
Note : An employee is entitled to take a fully paid personal leave must notify the employer in advance.
Will employers who fail to grant personal leave to employees be fined in Vietnam? (Image from the Internet)
Will employers who fail to grant personal leave to employees be fined in Vietnam?
Pursuant to Clause 1, Article 18 of Decree 12/2022/ND-CP stipulating violations against regulations on working hours and rest periods:
Violations against regulations on working hours and rest periods
1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;
b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.
...
Pursuant to Clause 1, Article 6 of Decree 12/2022/ND-CP stipulating fines, power to impose penalties, and rules for imposing penalties for repeated violations:
Article 6. 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.
...
According to the above regulations, in cases where the employee has been notified his/her employer but the employer fails to grant personal leave to him/her, a fine of between VND 2,000,000 and VND 5,000,000 will be imposed.
Note: The above fine applies to individuals. For organizations that commit the same violation, the fine is twice as much as the above fine.
In 2024, which public holidays will employees receive fully paid leaves in Vietnam?
Pursuant to Article 112 of the 2019 Labor Code regulating public holidays:
Article 112. Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.
According to this Article, in 2024, employees are entitled to fully paid days off on the following public holidays:
- Gregorian Calendar New Year Holiday
- Lunar New Year Holidays
- Victory Day
- International Labor Day
- National Day
- Hung Kings Commemoration Day
In addition, foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country.
Best regards!
