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Regulation on annual leave of employee according to Law on Labor 2019 and Decree 145/2020/ND-CP elaboration of some articles of the Law on Labor 2019

Annual leave

a) 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:

i) 12 working days for employees who work in normal working conditions;

ii) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;

iii) 16 working days for employees who do highly laborious, toxic or dangerous works.

b. 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.

Regulation on remained annual leave carry forward to next year

According to Item 4 Article 113 Law on Labor 2019:

Article 113. Annual leave

4. 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.”

Regulation on payment for the untaken leave days

According to Item 3 Article 113 Law on Labor 2019:

Article 113. Annual leave

3.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.

Whereby, Law on Labor 2019 only stated for 2 cases (termination or job loss) which employee haven’t taken annual leave days or haven’t taken all the annual leave days, the company has responsible for payment for the untaken leave days

Compare to former regulation, Article 114 Law on Labor 2012 stated for all reasons (termination or job loss or other reasons which employee haven’t taken annual leave days or haven’t taken all the annual leave days, the untaken leave days will be paid, except other agreement between employee and the company ((merger leave, accumulated leave sum,…).

Thus, according to Law on Labor 2019, the regulation doesn’t mention on payment for the untaken leave days incased employees are working at the company  

Please kindly check attachment file for detail content

 

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