Vietnam: How many days off are employees entitled to take if their relatives passes away?

Vietnam: How many days off are employees entitled to take if their relatives passes away? (Internet image)

How many days off are employees entittled to take if their relatives passes away?

Currently, in Article 115 of Vietnam's Labor Code 2019, there are provisions on cases where employees take separate leave and unpaid leave as follows:

"Article 115. Personal leave, unpaid leave

1. An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified to the employer in advance:

a) Marriage: 03 days;

b) Marriage of his/her biological child or adopted child: 01 day;

c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.

2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.

3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article."

According to the above regulations, when an employee's relative passes away, he/she will be entitled to the following number of days off:

- Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days of fully paid personal leave

- Death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling: 01 day of unpaid leave

- Other relatives died: Negotiate the number of days off with the employer.

Above is the statutory number of days off, if an employee wants to take a longer leave to take care of a deceased loved one, they can refer to one of the two ways below:

One is an agreement with the employer about unpaid leave.

The time off will be agreed by the parties, currently Vietnam's Labor Code does not limit the maximum number of days of unpaid leave.

Second is to apply for annual leave.

According to Article 113 of Vietnam's Labor Code 2019, Any employee who has been working for an employer for 12 months is entitled 12 days of annual leave. If you work for a long time or do heavy work, you can still have up to 16 days of annual leave.

Therefore, if there is still annual leave, employees who lose a relative can apply for annual leave and still receive full salary according to the labor contract.

Employees who have lost a relative need to notify the company

**In the case of a father or mother, a husband or wife's father or mother, a wife or husband, natural and adopted children, grandparents, grandparents, and a deceased brother, sister, or brother:

The employee notifies the employer of the leave of absence to take care of the bereavement of a deceased relative.

Currently, the Labor Code does not stipulate a specific form of notification, employees can notify by calling, texting, sending mail, writing a handwritten application, etc.

**In the event that another relative dies:

The employee agrees with the company on taking leave from work to mourn the loss of a loved one in one of the forms such as verbal exchange, text message, etc. to get the employer's consent.

In the event that the employee leaves without notice or agreement with the employer, it will be considered an act of voluntarily quitting and subject to labor discipline.

Pursuant to Articles 124 and 125 of Vietnam's Labor Code 2019, an employee may be disciplined in one of the following four forms:

- Reprimand.

- Deferment of pay rise for up to 6 months.

- Demotion.

- Dismissal.

Employers who refuse to let employees take leave when their relative dies, can be fined up to 5 million VND

In Clause 1, Article 18 of Decree 12/2022/ND-CP, A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;

Thus, if the company refuses to let employees leave work when their relative dies, they can be fined up to 5 million VND.

Chau Thanh

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