Holiday April 30 - May 1: Dismissal of employees if exceeding the prescribed leave days

07:44, 11/07/2024

Holiday Notice for April 30 and May 1During the holidays of April 30 and May 1, employees are entitled to 4 days off (from April 28 to May 1). However, for employees working at units with policies requiring work on Saturdays, they are entitled to 3 days off (from April 29 to May 1). In case of taking leave beyond the stipulated number of days mentioned above, employees may be subject to disciplinary action in the form of dismissal.

In order to extend the holiday time, many employees intend to take additional leave besides the official holiday. If the employee requests permission and the company approves, there is no issue, and the employee does not have to bear any responsibility or face any disciplinary actions apart from having their annual leave days deducted as stipulated in Article 111 of the 2012 Labor Code.

However, in the event that an employee takes leave without requesting permission, they may be subject to dismissal. To be specific, Clause 1 Article 31 of Decree 05/2015/ND-CP guiding the 2012 Labor Code stipulates:

Article 31. Dismissal for employees who quit without permission 1. Applying dismissal as a disciplinary measure for employees who voluntarily quit work for a total of 5 working days within 30 days from the first day of unauthorized leave or 20 working days within 365 days from the first day of unauthorized leave without a legitimate reason.

Based on the above regulations, employees must consider whether the number of days they have taken unauthorized leave has reached 5 working days within 30 days or 20 working days within 365 days from the first day of unauthorized leave. If the number has not exceeded the stipulated days, the employer cannot dismiss the employee for unauthorized leave.

However, each company has its own rules and regulations. Although the employee may not be dismissed, they might face other disciplinary measures such as reprimands, cutting bonuses, delaying salary raises, etc.

Therefore, employees should carefully consider the actual situation and the company's rules and regulations before deciding to take unauthorized leave to extend the holiday time during the April 30 - May 1 holiday period.

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