In case the employee has an unexpected job to take leave but the annual leave has expired, he/she can apply for unpaid leave. What is the maximum number of days an employee can take unpaid leave a year?
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What is the maximum number of days an employee can take unpaid leave? (Illustration)
1. What is the maximum number of days of unpaid leave of an employee?
According to Clause 2, Article 115 of the Labor Code 2019 on unpaid leave as follows:
The employee is entitled to 01 day of unpaid leave and must notify the employer when his grandfather, grandmother, maternal grandfather, grandmother, brother, sister or younger brother dies; married parent; brothers, sisters, siblings get married.
In addition, the employee can agree with the employer to take unpaid leave (according to Clause 3, Article 115 of the Labor Code ).
Thus, the current law does not limit the number of days of unpaid leave of employees. Depending on the agreement between the employee and the employer, the number of days of unpaid leave may be long or short. If the employer does not give leave, the employee is not allowed to take the leave voluntarily.
2. If the employee is not allowed to take unpaid leave, will the employer be fined?
At Point a, Clause 1, Article 18 of Decree 12/2022/ND-CP stipulates as follows:
Article 18. Violations against regulations on working hours and rest time
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed on the employer who commits one of the following acts:
a) Failing to guarantee the employee's personal leave or unpaid leave as prescribed by law;
...
Thus, if the employee is not allowed to take unpaid leave as prescribed, the employer may be fined, specifically:
+ If the employer is an individual, the violation will be from 2-5 million VND.
+ If the employer is a violating organization, the fine will be from 4 to 10 million VND.
3. Risks if the employee voluntarily quits without a valid reason
According to point e, Clause 1, Article 36 of the Labor Code 2019 stipulates:
The employer has the right to unilaterally terminate the labor contract in case the employee voluntarily quits without a valid reason for 05 consecutive working days or more.
In addition, the employer may apply the dismissal discipline in case the employee voluntarily quits for 5 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntarily quitting. without a legitimate reason (according to Clause 4, Article 125 of the Labor Code ).
(Case is considered to have a legitimate reason including natural disaster, fire, self, sick relative certified by a competent medical examination and treatment facility and other cases specified in the internal regulations. labor)
Thus, in case an employee voluntarily quits his job without a legitimate reason, he or she may be unilaterally terminated by the employer or dismissed in accordance with the law.
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