Upcoming holidays are April 30 - May 1. Prior to that, on April 25, workers will also have a single day off for Hung Kings' Commemoration Day; however, this falls on a Wednesday, which is quite inconvenient. So, how can the Labor Code 2012 be applied to extend the holiday period?
First, let's take a look at the following holiday schedule:
Taking one day off for the Ancestral Anniversary is not quite useful. So how can you take an additional two days off on the 26th and 27th to extend your holiday?
This means you will actively take leave on the 26th and 27th, either with permission or without permission. If you request and the employer agrees, then there is nothing to discuss further.
However, if you take leave without permission, will you be fired? The answer is no. According to Clause 3, Article 126 of the 2012 Labor Code, an employee who voluntarily leaves work for 05 cumulative days in a month without a legitimate reason may be dismissed. In this case, you are voluntarily taking 02 days off, which is not enough for dismissal under disciplinary action.
Even though taking leave without permission may not lead to dismissal as stated above, depending on the internal regulations of each enterprise, you might face other disciplinary actions such as: reprimand, extended salary increase period, annual leave deduction... Besides, employment relationships are sensitive matters, and such arbitrary leave could jeopardize your continued employment with the company. Hence, those considering this method should be highly cautious.
Clause 1, Article 116 of the 2012 Labor Code stipulates several cases where employees can take personal leave with full pay. Depending on your situation, you can create reasons such as:
- Marriage: 03 days off;- Child’s marriage: 01 day off.
Article 111 of the Labor Code stipulates, “An employee who has worked for an employer for 12 months is entitled to annual leave with full pay according to the labor contract”.
The minimum annual leave for an employee working for 12 months is 12 days. If the company does not set an annual leave schedule, employees are free to use these days and still receive full pay.
Therefore, you can fully use your annual leave to take an additional 26th and 27th of April off and extend the holiday period of April 30th to 7 days.
- Doan Trinh -
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