Can an Employee Who Has Worked for Less Than One Year Take Leave?

12:53, 11/07/2024

Mr. Nguyen Van Toan has a question regarding leave of absence as follows: "I have been working for a foreign-invested company since June 2017. My plan is to work hard without using any leave days in order to save them for the end of the year to go back to my hometown. So, I would like to ask, in my case where I have not worked at the company for a full year, am I entitled to annual leave? If so, how many days of leave will I be entitled to this year? Thank you, Law Secretary."

Regarding Mr. Toan's query, Thu Ky Luat would like to respond as follows:

Pursuant to Article 111 of the Labor Code 2012, employees who have worked for an employer for 12 full months are entitled to annual leave with full salary as per the labor contract, equivalent to:

- 12 working days for those working under normal conditions;- 14 working days for those engaged in heavy, hazardous, or dangerous jobs, or working in severely harsh living conditions;- 16 working days for those doing especially heavy, hazardous, or dangerous jobs, or working in particularly harsh living conditions.

Thus, the annual leave provision does not apply to employees who have worked for an employer for less than 12 months.

However, employees who have not worked for the company for a full 12 months are still entitled to annual leave, calculated proportionally based on their actual working time, under Clause 2 of Article 114 of the Labor Code 2012. If not taken, this leave can be compensated in salary equivalent to the agreed wage.

To determine the number of leave days for employees who have not worked a full 12 months, according to Article 7 of Decree 45/2013/ND-CP, the number of leave days is calculated as follows:

Number of annual leave days = (Number of annual leave days : 12) x actual working months

Note: The result of the calculation is rounded to the nearest whole number, with decimal points equal to or greater than 0.5 rounded up to the next whole number.

Example: In Mr. Toan's case, the number of working months from now until the end of the year is 6 months, and his job falls under normal conditions. The number of Mr. Toan's annual leave days is calculated as follows:

Number of Mr. Toan's annual leave days = (12 : 12) x 6 = 6 (days)

Therefore, from now until the end of 2017, Mr. Toan is entitled to 6 days of annual leave with full salary.

In conclusion, employees who have worked for the company for less than a year still enjoy the annual leave policy, with the number of leave days depending on their actual working months at the company.

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