Is it allowed to take annual leave when the working term is less than 1 year in Vietnam?

Is it allowed to take annual leave when the working period is less than 1 year in Vietnam?

According to the provisions of the Labor Code 2019 and related guiding regulations, an employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.

 The number of annual leave days of an employee who has worked for less than 12 months as mentioned above equals (=) annual leave days plus (+) extra leave days (if any) divided by (:) 12 months multiplied by (x) actual working months in the year

In case an employee has an incomplete month of work, it will be considered a complete month (01 month) if the total working days and paid leave days (holidays, annual leave, personal leave prescribed in the Labor Code) make up of at least 50% of the normal working days of the month.

Is it allowed to take annual leave when the working period is less than 1 year in Vietnam? (Internet image)

Periods included in working time as the basis for calculation of annual leave in Vietnam

According to the provisions of Article 65 of Decree 145/2020/ND-CP, periods included in working time as the basis for calculation of annual leave are as follows:

- Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code 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.

How many annual leaves are employees in Vietnam entitled to in a year?

According to the provisions of Article 113 of the Labor Code 2019, any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:

- 12 working days for employees who work in normal working conditions;

- 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;

- 16 working days for employees who do highly laborious, toxic or dangerous works.

The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.

Mai Thanh Loi

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