From January 1, 2021, when the 2019 Labor Code comes into effect, in which cases is an employee entitled to take leave while still receiving full salary?
Article table of contents
From 2021, in which cases can employees take leave but still receive full salary? (Illustrative image)
Editorial Board THU KY LUAT summarizes the cases in which employees can take leave but still receive full salary from January 01, 2021, specifically including:
1. Employees can take leave and receive full salary on public holidays and Tet holidays
According to Article 112 of the 2019 Labor Code, employees can take leave and receive full salary on the following public holidays and Tet holidays:
- New Year: 01 day (January 1 Gregorian calendar);- Lunar New Year: 05 days;- Victory Day: 01 day (April 30 Gregorian calendar);- International Labor Day: 01 day (May 1 Gregorian calendar);- National Day: 02 days (September 2 Gregorian calendar and 1 adjacent day before or after);- Hung Kings' Commemoration Day: 01 day (March 10 Lunar calendar).
Additionally, foreign employees working in Vietnam, in addition to the above-mentioned holidays, are entitled to an additional 01 day of their traditional Tet holiday and 01 day of their national day.
2. Employees who have worked for 12 months are entitled to annual leave with full salary
Based on Article 113 of the 2019 Labor Code, employees who have worked for 12 months are entitled to annual leave with full salary according to their labor contract as follows:
- 12 working days for those working in normal conditions;- 14 working days for juvenile workers, disabled workers, and those working in heavy, hazardous, or dangerous conditions;- 16 working days for those working in special heavy, hazardous, or dangerous conditions.
At the same time, employees working for less than 12 months for an employer are entitled to annual leave corresponding to the number of months worked.
Note: In cases of resignation or job loss without taking the annual leave or without taking the full number of annual leave days, the employer must pay the employee for the untaken leave days.
3. Employees can take personal leave and still receive full salary
According to Article 115 of the 2019 Labor Code, employees can take personal leave and still receive full salary and must notify the employer in the following cases:
- Marriage: 03 days leave;- Biological or adopted child’s marriage: 01 day leave;- Death of biological or adoptive parents; parents-in-law; spouse; biological or adopted children: 03 days leave.
4. Employees can take leave but still receive full salary in other cases
In addition to the above-mentioned cases where employees can take leave but still receive full salary, employees can take leave but still receive full salary in the following cases:
- Female employees during menstruation can take a 30-minute break each workday and during the period of raising a child under 12 months old can take a 60-minute break each workday. The break time is still paid in full according to the labor contract. (According to Clause 4 Article 137 of the 2019 Labor Code)- In the case of stopping work due to the fault of the employer, the employee is paid in full according to the labor contract. (According to Clause 1 Article 99 of the 2019 Labor Code)- If the employer temporarily suspends the employee's work when the violation case has complicated details and it is deemed that continuing to employ the employee would make verification difficult, and the employee is not disciplined, the employer must pay the employee in full for the suspension period. (According to Clause 4 Article 128 of the 2019 Labor Code)
In conclusion, these are the cases in which employees can take leave but still receive full salary to be applied from January 01, 2021. Employees should note these to protect their rights. Moreover, starting from 2021, the number of National Day leave days (September 2) will increase to 02 days instead of 01 day as before.
Ty Na
