Apart from Tet Bonuses, What Other Benefits Do Employees Enjoy?

At Article 113 of the Labor Code 2012, it is stipulated as follows:

“Article 113. Advance payment of wages, travel fares for annual leave

1. When taking annual leave, the employee shall be advanced an amount at least equal to the wages for the days of leave.

2. Travel fares and wages for travel days are agreed upon by both parties.

For employees from lowland areas working in highland, remote, isolated, border, and island areas, and vice versa, employees from highland, remote, isolated, border, and island areas working in lowland areas, the employer shall cover the travel fares and wages for travel days.”

Thus:

- The employee has the right to request the employer to advance an amount at least equal to the wages for the days of leave, and naturally, this advanced amount will be deducted from the wages of that Tet month's salary.

For example: During Tet 2018, the employee is entitled to 7 days of paid leave. If the daily wage is 300,000 VND, the employee can request an advance of at least: 300,000 x 7 = 2,100,000 VND

- Additionally, according to Clause 2 of Article 113, it is stipulated that: Employees shall also be reimbursed by the employer for travel fares (which can be reimbursed either before or after, provided there are appropriate invoices and receipts) on the condition that employees from lowland areas working in highland, remote, isolated, border, and island areas, and vice versa, employees from highland, remote, isolated, border, and island areas working in lowland areas.

In other cases, it depends on the policies, regulations, and agreements between the enterprises and employees to be eligible for travel fare support.

Employees are also entitled to wage payments for those annual leave days not taken. This is stipulated in Article 144 of the Labor Code 2012 as follows:

“Article 114. Payment of wages for unused leave days

1. Employees who quit their jobs, are made redundant, or for other reasons that have not taken annual leave or have not used up their annual leave days shall be paid in compensation for those unused days.

2. Employees with less than 12 months of work are entitled to annual leave days calculated in proportion to their working time. If not taken, they are compensated in cash.”

As detailed in Clause 3, Clause 4 of Article 26 of Decree 05/2015/ND-CP:

Article 26. Wages as a basis for paying wages to employees during suspension, annual leave, holidays, Tet holidays, personal leave with wages, wage advances, and wage deductions

...

3. Wages used as a basis to pay employees for unused annual leave days or for annual leave days not taken as stipulated in Article 114 of the Labor Code shall be determined as follows:

a) For employees who have worked for at least 06 months, the average wage according to the labor contract of the 06 consecutive months prior to the employee's resignation or redundancy. For employees who have not taken annual leave or have not used up their annual leave days due to other reasons, the average wage according to the labor contract of the 06 consecutive months prior to the employer's calculation of payment for the unused annual leave days;

b) For employees who have worked for less than 06 months, the average wage according to the labor contract for the entire working period.

4. Wages calculated to pay employees for unused annual leave days or for annual leave days not taken in full, is the wage specified in Clause 3 of this Article divided by the number of normal working days as regulated by the employer of the preceding month prior to the calculation, multiplied by the number of annual leave days not taken or not taken in full.

In conclusion, employees in enterprises should be well-informed about these regulations to understand their legitimate rights. However, it is advisable to discuss these issues in advance with their employer to avoid post-Tet unemployment due to conflicts.”

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