The annual leave is always an important to be issue concerned by the employees. From January 1, 2021, the Labor Code 2019 will officially take effect, the regulations on leave will have 4 new points, which must be known as follows:
- Annual leaves
According to Article 113 of the Labor Code 2019, the annual leave for employees is provided as follows:
- The employee who has been working for the employer for full 12 months as is entitled to a fully paid annual leave as stated in his/her labor contract, which is prescribed follows:
+ Twelve working days, for employees working in normal conditions;
+ Fourteen working days, for juvenile employees, employees being persons with disabilities, or persons doing heavy, hazardous or dangerous jobs;
+Sixteen working days, for persons doing extremely heavy, hazardous or dangerous jobs.
- For the employee who has worked for the employer for less than 12 months, the number of annual leave days shall be calculated in proportion to the number of months he/she has worked.
- In case the employee has not yet taken an annual leave or not yet fully taken the number of annual leave days, he/she is entitled to receive a wage amount for the untaken leave days.
- The employer shall arrange a detailed timetable for annual leaves of their employees after consulting them and shall notify it in advance to them. The employee may reach agreement with his/her employer on taking of annual leaves in installments or aggregate leaves of every 3 years at most.
- If taking an annual leave while it is not the time for wage payment, the employee is entitled to advance payment of wage under Clause 3, Article 101 of this Code.
- When taking an annual leave, if the employee travels by road, railway or waterway and the return trip takes more than 2 days, the travel days from the third day onward will be added to the annual leave and this will be applied for only one annual leave in a year.
- Time regarded as working time of employees for calculation of annual leave days
According to Article 65 of Decree 145/2020 / ND-CP, there are 10 periods of time that are counted as working hours to calculate the number of annual leave days, specifically:
- Time of apprenticeship and on-the-job training as prescribed in Article 61 of the Labor Code, if after the period of apprenticeship and on-the-job training, the employee works for the employer.
- Time of internship if the employee continues working for the employer after ending the internship.
- Time of paid leaves as provided in Clause 1, Article 115 of the Labor Code.
- Time of unpaid leaves agreed by the employer, provided that the aggregated time of unpaid leaves does not exceed 01 month per year.
- Time of labor accident or occupational disease leaves, provided that the aggregated time of these leaves does not exceed 06 months.
- Time of illness leaves, provided that the aggregated time of these leaves does not exceed 02 months per year.
- Time of maternity leaves as provided in the law on social insurance.
- Time of performing tasks of grassroots-level employees’ representative organizations that is regarded as the working time in accordance with law provisions.
- Time of work stoppage or layoff not due to employees’ fault.
- Time of suspension from work but then it is concluded that there is no violation or labor discipline.
(Abandoning the content of “Time of being held in temporary custody or detention before returning to work after competent state agencies conclude that detainees are not guilty.” in Clause 11, Article 6 of Decree No. 45/2013 / ND-CP).
- Method of calculation of annual leave days for some special cases
In Article 66 of Decree 145/2020 / ND-CP, specifying how to calculate annual leave days in some special cases:
- The number of annual leave days of an employee who has not worked for a full year as prescribed in Clause 2, Article 113 of the Labor Code is calculated as follows: Dividing the number of annual leave days plus the number of extra leave days according to seniority (if any) by 12 months, then multiplying by the number of actual working months in the year.
- In case where the employee has not work for a full month, if the total number of working days and paid leave days of the employee (public and New Year holidays, paid leaves for personal reasons under Articles 112, 113, 114 and 115 of the Labor Code) accounts for 50% or more of the normal working days in a month as agreed, then that month shall be regarded as one working month for LuatVietnam.vn 48 calculation of annual leave days.
- Total time during which the employee works for state agencies, organizations, units and enterprises shall be regarded as the working time for calculation of extra annual leave days as specified in Article 114 of the Labor Code if the employee continues working for state agencies, organizations, units and enterprises.
- Travel expenses, wages for the travel time, annual leaves and other paid leave days
Article 67 of Decree No. 145/2020 / ND-CP, Travel expenses, wages for the travel time, annual leaves and other paid leave days:
- Travel expenses, wages for the travel time other than annual leaves specified in Clause 6, Article 113 of the Labor Code shall be agreed upon by the two parties.
- Wage used as a basis for wage payment to employees on public and New Year holidays, annual leaves and paid leaves for personal reasons under Article 112, Clauses 1 and 2, Article 113, Article 114 and Clause 1, Article 115 of the Labor Code is that stated in the labor contract at the time the employee takes public and New Year holidays, annual leaves and paid leaves for personal reasons.
- Wage used as a basis for wage payment to employees who have not taken or fully taken their annual leave under Clause 3, Article 113 of the Labor Code is that stated in the labor contract of the month preceding the month when employees quit or lose their jobs.
Please contact us for detailed advice.
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