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Tax Update

We regularly update legal documents on accounting, tax, labor and other related fields for our clients.

Official letter no 344/LDLD-TC dated May 20th 2021 of Ho Chi Minh City General Confederation of Labor guide to salary payment for untaken annual leave days according to Labor Law 2019 from 2021

As our news updated on November 3rd 2020 regarding to changed regulation of payment for untaken annual leave days from 01/01/2021, details:

+ Before 01/01/2021, Article 114 Labor Law 2012 stated: “An employee who, due to employment termination or job loss or other reasons, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days”. Therefore, according to former regulation, payment on cash for untaken annual leave is complied with regulation

+ However, from 01/01/2021, according to item 3, article 113 Labor Law 2019 stated: “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 new regulation exclude “other reasons”.

+ Besides that, at Item 2, Article 220 Labor Law 2019 stated:

  1. From the effective date of this Labor Code, the employment contracts, collective bargaining agreements, lawful agreements that are not contrary to this Labor Code or provide for more favorable rights and conditions of employees than may continue to have effect, unless the parties agree to revise them according to this Labor Code.

Recently, on May 20th 2021, Ho Chi Minh City General Confederation of Labor issued official letter guide to salary payment for annual leave, details:

The payment for untaken annual leave (if any) complied to item 3, article 113 Labor Law 2019: “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”.

Please kindly check attachment file for details information

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