Are unpaid leave included in working time as the basis for calculation of annual leave in Vietnam?

Are unpaid leave included in working time as the basis for calculation of annual leave in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. How many days of unpaid leave are employees entitled to?

According to Article 115 of the Labor Code 2019, regulations on unpaid leave for employees are as follows:

- An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.

This 1-day unpaid leave must be notified to the employer.

- In addition to the above regulations, employee may negotiate with his/her employer on taking unpaid leave.

Thus, the number of unpaid leave on the agreement of the two parties.

2. Are unpaid leave included in working time as the basis for calculation of annual leave in Vietnam?

According to 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 2019 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 2019.

- 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.

Thus, the time the employee takes unpaid leave is considered working time to calculate the number of annual leave days if agreed by the employer but cumulatively does not exceed 01 month in a year.

3. Are social insurance of employees who take unpaid leave pay paid by the employers in Vietnam?

Clause 3, Article 85 of the Law on Social Insurance 2014 stipulates that employees who neither work nor receive salary for 14 working days or more in a month are not required to pay social insurance premiums in that month. This period shall not be counted for enjoyment of social insurance benefits, except cases of maternity leave.

In addition, Clause 4, Article 42, the process of collecting social insurance, health insurance, unemployment insurance, and insurance for labor accidents and occupational diseases; Management of social insurance books and health insurance cards issued with Decision 595/QD-BHXH stipulates:

Employees who do not work and do not receive a salary for 14 working days or more in a month do not pay social insurance that month. This time is not counted for social insurance benefits.

Thus, based on the above regulations, employees who take unpaid leave from work for 14 working days or more in a month do not have to pay social insurance that month.

This time is not counted for social insurance benefits, except in the case of maternity leave.

Nguyen Ngoc Que Anh

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