Employee Paid Annual Leave: Regulations & Duration

In addition to the monthly and weekly holidays prescribed in the labor contract, each year employees still have paid annual leave. Join ADSMO to learn more through the content of the article below.

1. What is the maximum annual leave period?

According to Clause 1, Article 113 of the Labor Code, if an employee has worked for an employer for 12 months, he/she is entitled to annual leave with full pay according to the labor contract as follows:

– 12 days working for those working in normal conditions.

– 14 working days for people doing heavy, toxic, dangerous work or people working in places with harsh living conditions according to the list issued by the Ministry of Labor – Invalids and Social Affairs in coordination with the Ministry of Health or minor workers or workers with disabilities.

– 16 working days for people doing especially heavy, toxic, dangerous work or people working in places with harsh living conditions according to the list issued by the Ministry of Labor – Invalids and Social Affairs in coordination with the Ministry of Health.

– When taking annual leave, if the employee travels by road, rail, or waterway and the number of days of travel, both round trip and return, exceeds 02 days, then from the 3rd day onwards, the travel time will be calculated in addition to the annual leave and will only be counted for 01 leave per year.

The employer is responsible for regulating the annual leave schedule after consulting with the employee and must notify the employee in advance. The employee can negotiate with the employer to take annual leave in multiple times or combine the leave for a maximum of 03 years at a time.

2. Regulations on number of days off based on seniority

According to Article 114 of the Labor Code, employees will be given additional days off based on their seniority. For every 5 years of working for an employer, the number of annual leave days of an employee is increased by 1 day.

3. Time considered as working time to calculate annual leave days

According to Article 65, Decree 145/2020/ND-CP specifically stipulates:

– Apprenticeship and internship period as prescribed in Article 61 of the 2019 Labor Code if after the end of the apprenticeship and internship period the employee works for the employer.

– Probationary period if the employee continues to work for the employer after the end of the probationary period.

– Time off from work with pay according to Clause 1, Article 115 of the 2019 Labor Code.

– Time off from work without pay if agreed by the employer but not exceeding 01 month in a year.

– Time off due to work accidents, occupational diseases but not exceeding 6 months.

– Time off due tosickness but not exceeding 2 monthsin one year.

– Time off formaternity benefitsin accordance with the provisions of the law on social insurance.

– Time spent performing the tasks of the organization representing employees at the facility which is counted as working time in accordance with the provisions of the law law.

– Time off work or absence from work not due to the employee’s fault.

– Time off due to temporary suspension from work but later concluded to have not violated or not been subject to labor discipline.

4. Benefits for employees who have not taken all their annual leave

+ Employees who have worked for less than 12 months for an employer will have the number of annual leave days proportional to the number of months worked.

+ Calculation formula according to Article 66 of Decree 145/2020/ND-CP, For employees who have worked for less than 12 months:

Number of annual leave days = (Number of annual leave days plus number of additional leave days according to seniority (if any): 12) x Actual number of months worked

+ In case of working less than a month: If the total number of working days and paid leave days of the employee accounts for 50% of the number of normal working days in the month, it is considered as 01 working month.

5. Salary payment regime for annual leave days

+ Employees are entitled to full salary according to the Labor Contract for annual leave days.

+ When taking annual leave before the salary payment date, employees are entitled to an advance salary according to regulations.

+ In case of quitting or losing a job without taking annual leave or not taking all the annual leave days, the employer will pay salary for the days not taken.

In addition, if the Employee goes to work on the annual leave, the Employer must pay the Employee at least 300% of the salary calculated according to the unit price of salary or actual salary paid according to the job, not including the salary of the annual leave.

Depending on the conditions, production and business situation of the Enterprise, each enterprise will have regulations and procedures for leave for employees.

>>>See more:

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