Reader with email phonghaix@xxx asks: I am working at a private company in Hanoi. At the end of this September, my son will get married, and I plan to take a week off. Am I entitled to leave and will I be paid during the leave?
Legal Expert Thai Thi Phuong, YouMe Law Co., Ltd. answers:
Article 116 of the Labor Code 2012 stipulates personal leave, unpaid leave as follows:
An employee is entitled to paid personal leave in the following cases:
a) Marriage: 3 days off;
b) Child’s marriage: 1 day off;
c) Death of biological father, biological mother, father-in-law, mother-in-law, or spouse’s parents; spouse death; child death: 3 days off.
An employee is entitled to 1 day of unpaid leave and must notify the employer in cases of death of paternal grandparents, maternal grandparents, siblings; parent's marriage; sibling’s marriage.
In addition to the provisions in Clauses 1 and 2 of this Article, the employee may negotiate with the employer for additional unpaid leave.
Clause 2, Article 26 of Decree 05/2015/ND-CP regulates and guides the implementation of several contents of the Labor Code regarding wages as the basis for paying employees during work suspension, annual leave, public holidays, personal leave with pay, wage advances, and wage deductions as follows:
Therefore, in the case of a child's marriage, you are entitled to 1 paid day off. Furthermore, you may negotiate with the company for additional leave.
The time off beyond the stipulated period in Point b, Clause 1, Article 116 of the Labor Code 2012 mentioned above is unpaid leave.
According to Lao Dong Newspaper
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