The employee has the right to negotiate with the company to convert the leave day into a salary in accordance with the law because the State has an agreement policy to ensure that the employee has more favorable conditions than the provisions of the law.
Article table of contents
What is the annual leave for employees?
Pursuant to Article 113 of the Labor Code 2019, the following specific regulations on annual leave:
(1) The employees working for full 12 months for an employer are entitled to annual leave and enjoyed full salary under the labor contract as follows:
- 12 working days for employees who work in normal conditions;
- 14 working days for minor employees, disabled employees, and persons doing hard, hazardous and dangerous jobs;
- 16 working days for persons performing specially heavy, hazardous or dangerous occupations or jobs.
(2) The employees work under 12 months for an employer, the number of annual leave days is in proportion to the number of working months.
(3) In case of job severance or job loss without annual leave or full annual leave, the employer shall pay for untaken leave days.
(4) The employer shall specify the annual leave after consulting the employees and must notify the employees in advance. An employee may negotiate with the employer on taking annual leave in installments or combining annual leave for up to 3 years.
(5) When taking annual leave before the salary payment period, the employee shall receive an advance payment in accordance with Clause 3 Article 101 of this Code.
(6) When taking annual leave, if the employee travels by road, rail, or water vehicles and travels on the entire route for more than 02 days, then from the 3rd day onwards, the traveling time shall be added to the annual leave day and only be counted once for annual leave.
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Employees agree to receive salary for the days without annual leave
Were the employees agreed to receive their salary for the untaken annual leave days?
Pursuant to Clause 3 Article 113 of the Labor Code 2019, the employer shall pay the remaining annual leave days or fully pay the employee if the employee is dismissed or lost.
However, Article 4 of the Labor Code 2019 provides regulations on policies that the State encourages, specifically as follows:
"Article 4. State policies on labor
1. Ensure the lawful and legitimate rights and interests of employees and those who do not have labor relations; encourage the agreements to guarantee the employees' convenience compared to the provisions of the law on labor.
2. To ensure the lawful rights and interests of employers and labor management in accordance with law, democracy, equality and civilization, and to raise social responsibility.
3. Creation of favorable conditions for job creation, self-employment, vocational training and vocational training to have a job; production and business activities to attract a large number of laborers; application of a number of provisions of this Code to persons who do not have labor relations.
4. Introduce policies on development and distribution of human resources; improvement of productivity; provision of training and refresher courses for workers; assistance in maintenance and change of occupations for workers; offer incentives for workers who have high professional and technical skills to satisfy requirements of the revolution and national industrialization and modernization.
5. Introduce policies on labor market development and diversify types of connection of labor supply and demand.
6. Encourage workers and employers to hold dialogues and collective bargains to establish progressive, harmonious and stable labor relations.
7. Ensure gender equality; stipulate the labor and social policies to protect female employees, disabled employees, elderly and minor employees."
Therefore, the employees have the right to agree with the company to convert the leave into salary as prescribed by law because the State has agreed policies to ensure the employees have more favorable conditions compared with regulations of law on labor.
