Legal Counselling

Vietnam: Personal leave is also included in working time as the basis for calculation of annual leave

15:45, 18/12/2020

Recently, the Government of Vietnam has issued the Decree No. 145/2020/NĐ-CP guilding the Labor Code of Vietnam on working conditions and labor relations.

Specifically, according to Article 65 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, periods included in working time as the basis for calculation of annual leave include:

- Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code 2019 of Vietnam if the employee works for the employer after the end of the vocational training or apprenticeship period.

- Probation period if the employee keeps working for the employer after the end of the probation period.

- Personal leave prescribed in Clause 1 Article 115 of the Labor Code.

- Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.

- Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.

- Sick leave if not exceeding 02 months per year totally.

- Maternal leave prescribed by social insurance laws.

- Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.

- Work suspension and leave through no fault of the employee.

- Suspension period after which the employee is exonerated or exempt from disciplinary actions.

View more details at the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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