What contents are included in the application form for unpaid leave in 2024 in Vietnam? Is unpaid leave included in working time as the basis for calculation of annual leave in Vietnam?
What contents are included in the application form for unpaid leave in 2024 in Vietnam? Is unpaid leave included in working time as the basis for calculation of annual leave in Vietnam?
What contents are included in the application form for unpaid leave in 2024 in Vietnam?
You can refer to the application form for unpaid leave here.
What contents are included in the application form for unpaid leave in 2024 in Vietnam? Is unpaid leave included in working time as the basis for calculation of annual leave in Vietnam? - image from internet
Is unpaid leave included in working time as the basis for calculation of annual leave in Vietnam?
Pursuant to Article 65 of the Decree 145/2020/ND-CP stipulating periods included in working time as the basis for calculation of annual leave:
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.
8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.
9. Work suspension and leave through no fault of the employee.
10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.
As regulated above, unpaid leave may be included in working time as the basis for calculation of annual leave in Vietnam if it is accepted by the employer and not exceeding 01 month per year totally.
How many unpaid leave does an employee in Vietnam have?
Pursuant to Article 115 of the Labor Code in 2019 stipulating personal leave, unpaid leave:
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.
As regulated above, an employee is entitled to take 01 day of unpaid leave and must inform the employer in the following cases
- The death of his/her grandparent or biological sibling;
- Marriage of his/her parent.
- Marriage of natural sibling.
However, the employee may negotiate with his/her employer on taking unpaid leave.
Are female employees in Vietnam entitled to an additional unpaid leave after the maternity leave?
Pursuant to Article 139 of the Labor Code in 2019 stipulating maternity leave:
Maternity leave
1. A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months.
In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.
2. During maternity leave, the female employee is entitled to maternity benefits as prescribed by social insurance laws.
3. After the maternity leave stipulated in Clause 1 of this Article expires, if so demanded, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer.
4. The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of this Article after she has taken at least 04 months of leave, provided she has obtained a confirmation from a competent health facility that the early resumption of work does not adversely affect her health, the employer receives a prior notice of the early resumption and agrees to the early resumption. In this case, besides the salary of the working days, which is paid by the employer, the female employee shall continue to receive the maternity allowance in accordance with social insurance laws.
5. A male employee whose wife gives birth, an employee who adopts a child under 06 months of age, a female employee who becomes a surrogate mother shall be entitled to maternity leave in accordance with social insurance laws.
As regulated above, after the maternity leave, if so demanded, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer.
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