Will taking days of leave due to the death of a relative be deducted from annual leave in Vietnam? Can company decide employee's annual leave date in Vietnam?

Will taking days of leave due to the death of a relative be deducted from annual leave in Vietnam?

Dear lawyer, I am currently a brick worker in Binh Duong. Recently my father passed away so I took 3 days off to take care of family work. But when I go back to work, the company says it will deduct those 3 days from my annual leave, is that correct? 

Reply:

Pursuant to Point c, Clause 1, Article 115 of the 2019 Labor Code, regulations on personal leave and unpaid leave are as follows:

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.

So, in your case, you will be allowed to take leave from personal work and receive 3 days of full salary without having your annual leave deducted and the company said it will deduct those 3 days from your annual leave. That is not according to the regulations in Vietnam, first, you can discuss or complain about this issue with the employer.

Can company decide employee's annual leave date in Vietnam?

Question: According to regulations, is a project management director required to have a project management practice certificate? Hope to receive a response soon.

Reply:

In Clause 1, Article 113 of the 2019 Labor Code, it is stipulated:

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.

Thus, according to the above regulations in Vietnam, in the 2019 Labor Code there are only regulations on the number of days off for employees, there are no regulations on which days employees are allowed to take off, or companies and businesses are entitled to take days off for workers.

Will taking days of leave due to the death of a relative be deducted from annual leave in Vietnam? Can company decide employee's annual leave date in Vietnam? (Image from the Internet)

Are fully paid days off counted as working days to pay social insurance in Vietnam?

Please let me ask: Are fully paid days off counted as working days to pay social insurance in Vietnam? Hope to receive a response.

Reply:

In Clause 3, Article 85 of the 2014 Law on Social Insurance:

3. Employees who neither work nor receive salary for 14 working days or more in a month are not required to pay social insurance premiums in that month. This period shall not be counted for enjoyment of social insurance benefits, except cases of maternity leave.

Thus, employees who do not work and receive salary for 14 days or more/month will not pay social insurance for that month in Vietnam.

And in Clause 1, Article 112 of the 2019 Labor Code, it is stipulated:

1. Employees shall be entitled to fully paid days off on the following public holidays:

a) Gregorian Calendar New Year Holiday: 01 day (the 1^st of January of the Gregorian calendar);

b) Lunar New Year Holidays: 05 days;

c) Victory Day: 01 day (the 30^th of April of the Gregorian calendar);

d) International Labor Day: 01 day (the 1^st of May of the Gregorian calendar);

dd) National Day: 02 days (the 2^nd of September of the Gregorian calendar and the previous or next day);

e) Hung Kings Commemoration Day: 01 day (the 10^th of the third month of the Lunar calendar).

And in Clause 1, Article 115 of the 2019 Labor Code it is also stipulated:

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.

During the above days, employees are entitled to leave with full pay. These days are still counted as working days for the employee, so social insurance payments for the above days are still calculated in Vietnam.

Best regards.