How is Annual Leave for Railway Employees Regulated?

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Circular 21/2015/TT-BGTVT stipulates that titles working in shifts and working on trains as specified in Articles 4 and 5 of this Circular are entitled to weekly leave, annual leave, public holidays, and other paid leave according to the Labor Code and its guiding documents. Specifically, the titles working in shifts and working on trains are stipulated as follows:

Railway staff titles working in shifts include:

- Train dispatchers at the Railway Traffic Control Center in various areas;- Management staff, operational staff, service staff, employees working at boarding and alighting points, locomotive and wagon transfer or operational points;- Management staff, operational staff, service staff, employees working at stations and stops serving train operations, passenger transport, or cargo transport;- Patrol staff, guards, and infrastructure protection staff for railway structures (tracks, bridges, tunnels, level crossings, shared bridges, stations);- Communication, signal, and electrical staff stationed at stations, stops, level crossings, and source units, switchboards.

Railway staff titles working on trains include:

- Train drivers, assistant drivers;- Train conductors;- Employees and railway workers directly working on passenger trains or cargo trains.

Article 111 of the Labor Code 2012 stipulates annual leave as follows:

1. An employee who has worked for a full 12 months for an employer is entitled to annual leave with full salary according to the labor contract as follows:

a) 12 working days for employees working under normal conditions;

b) 14 working days for employees doing heavy, hazardous, or dangerous work, or working in harsh living conditions as listed by the Ministry of Labor - Invalids and Social Affairs jointly with the Ministry of Health, or for juvenile employees or employees with disabilities;

c) 16 working days for employees doing particularly heavy, hazardous, or dangerous work, or working in especially harsh living conditions as listed by the Ministry of Labor - Invalids and Social Affairs jointly with the Ministry of Health.

2. Employers have the right to schedule annual leave after consulting with employees and must notify them in advance.

3. Employees can agree with employers to take annual leave in multiple periods or combine leave every three years.

4. When taking annual leave, if employees travel by road, rail, or waterway and the travel time exceeds 02 days, starting from the 3rd day, the travel days will be counted additionally to the annual leave, applicable for one trip per year.

Article 112. Additional Annual Leave Based on Seniority

Every 05 years working for an employer, the number of annual leave days of an employee stipulated in clause 1 of Article 111 of this Code will increase by 01 day.

Details can be found at Circular 21/2015/TT-BGTVT, effective from August 1, 2015.

Le Hai

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