Title: Is an Employee Entitled to Paid Leave for Getting Married?

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:

  1. 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.

  2. 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.

  3. 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:

  1. The wage used as the basis to pay the employee for annual leave; additional annual leave according to seniority; public holidays, and personal leave with pay is the wage stated in the labor contract of the preceding month, divided by the number of normal working days in that month as prescribed by the employer, multiplied by the number of days the employee takes annual leave, additional annual leave according to seniority, public holidays, and personal leave with pay.

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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem



  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;