Cases of personal leave, unpaid leave for employees in Vietnam

Cases of personal leave, unpaid leave for employees in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Cases of personal leave, unpaid leave for employees in Vietnam

Cases of personal leave, unpaid leave of employees according to Article 115 of the Labor Code 2019 are as follows:

- An employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:

+ 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.

- 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.

- The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of Article 115 of the Labor Code 2019.

2. Regulations on annual leave for employees in Vietnam

Regulations on annual leave for employees under Article 113 of the Labor Code 2019 are as follows:

- 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.

- 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.

- An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.

- 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.

- When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of the Labor Code 2019.

- When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.

3. Regulations on weekly breaks for employees in Vietnam

Regulations on weekly breaks for employees under Article 111 of the Labor Code 2019 are as follows:

- Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

- The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

- In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code 2019, he/she will have compensatory time-off on the next working days.

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