Recently, the Government of Vietnam has issued the Decree No 145/2020/NĐ-CP on elaboration of some articles of the Labor Code. According to this Decree, there are 10 periods calculated as working time for annual leave in Vietnam from 2021.
Article table of contents
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:
(1) Vocational training and apprenticeship period if the employee works for the employer after the end of the vocational training or apprenticeship period. Trainees and apprentices are stipulated as follows:
- Trainees are employees who are recruited and trained by the employer at the workplace in order to work for the employer. The traineeship duration varies according to the level of training as prescribed by the Law on Vocational education of Vietnam.
- Apprentices are employees who are recruited and instructed to practice doing their work by the employer in order to work for the employer. The maximum duration of apprenticeship is 03 months.
(2) Probation period if the employee keeps working for the employer after the end of the probation period.
(3) Personal leave includes:
- Marriage: 03 days;
- Marriage of his/her biological child or adopted child: 01 day;
- 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.
(4) Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.
(5) Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.
(6) Sick leave if not exceeding 02 months per year totally.
(7) Maternal leave prescribed by social insurance laws.
(8) Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law. (Previously, according to Article 6 of the Decree No. 45/2013/NĐ-CP, it is regulated as rest periods to do Trade Union activities)
(9) Work suspension and leave through no fault of the employee.
(10) Suspension period after which the employee is exonerated or exempt from disciplinary actions. (Previously, according to Article 6 of the Decree No. 45/2013/NĐ-CP, it is regulated as suspension period)
Thus, according to the above provisions, it can be seen that the Decree No 145/2020/NĐ-CP of Vietnam’s Government has had some changes in periods calculated as working time for annual leave compared to the previous regulations in Decree No. 45/2013/NĐ-CP and abolished the provision of detention period after which the employee is released and goes back to work after being declared innocent by competent state authorities. Therefore, from January 02, 2021, there will be only 10 periods calculated as working time for annual leave in Vietnam.
Besides, the Decree No 145/2020/NĐ-CP of Vietnam’s Government has also guided the determination of annual leave days in special cases as follows:
Case 1: The number of annual leave days of an employee who has worked for less than 12 months equals (=) annual leave days plus (+) extra leave days (if any) divided by (:) 12 months multiplied by (x) actual working months in the year.
Case 2: 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) make up of at least 50% of the normal working days of the month.
Case 3: The entire period of time over which the employee works at state organizations and state-owned enterprises shall be included in the working time as the basis for determination of extra leave days if the employee keeps working at such state organizations and state-owned enterprises.
Ty Na
- Key word:
- Decree No 145/2020/NĐ-CP
