Vietnam: Rest periods of employees under the Labor Code

Vietnam: Rest periods of employees under the Labor Code (Internet image)

According to the provisions of the Labor Code 2019, the employee's rest time includes:

1. Rest breaks during working hours in Vietnam

Rest breaks during working hours is specified in Article 109 of the Labor Code 2019 as follows:

-  An employee who works for at least 06 hours per day under Article 105 of of the Labor Code 2019 shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

- In addition to the rest break prescribed in Clause 1 of Article 109 of the Labor Code 2019, the employer shall determine other short breaks and specify that in the internal labor regulations.

2. Breaks between shifts in Vietnam

An employee who performs shift work is entitled to a break of at least 12 hours before beginning another shift.

(Article 110 of the Labor Code 2019)

3. Weekly breaks in Vietnam

- 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 the Labor Code 2019, he/she will have compensatory time-off on the next working days.

(Article 111 of the Labor Code 2019)

4. Public holidays in Vietnam

- Employees shall be entitled to fully paid days off on the following public holidays:

+ Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);

+ Lunar New Year Holidays: 05 days;

+ Victory Day: 01 day (the 30th of April of the Gregorian calendar);

+ International Labor Day: 01 day (the 1st of May of the Gregorian calendar);

+ National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);

+ Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).

- Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.

- The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.

(Article 112 of the Labor Code 2019)

5. Annual leave in Vietnam

- 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 110 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.

(Article 113 of the Labor Code 2019)

6. Increased annual leave by work seniority

The annual leave of an employee as prescribed in Clause 1 Article 113 of the Labor Code 2019 shall increase by 01 day for every 05 years of employment with the same employer.

(Article 114 of the Labor Code 2019)

7. Personal leave, unpaid leave in Vietnam

- An employee is entitled to take a fully paid personal leave in the following circumstances, at long at 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.

(Article 115 of the Labor Code 2019)

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