The regulations on annual leave days specified in the Labor Code 2019 take effect from January 01, 01 and Decree 2021/145 / ND-CP, effective from February 2020, 01. Calculate the annual leave as follows:
Regulations on annual leave days
According to Clauses 1 and 2, Article 113 of the Labor Code 2019, an employee who has worked for a full 12 months for an employer is entitled to annual leave and full salary under the labor contract, specifically:
- 12 working days for people working under normal conditions;
- 14 working days for minors, disabled workers, people working in heavy, hazardous and dangerous jobs (Currently, the 2012 Labor Code stipulates that people work in places where there are with extreme living conditions also enjoy 14 days).
- 16 working days for employees working in extremely heavy, hazardous or dangerous occupations or jobs (Currently, this provision applies to employees working in areas with extremely harsh living conditions. ).
Provisions on annual leave days for Employees who have worked less than 12 months for an employer, the number of annual leave is proportional to the number of working months (Clause 2, Article 113 of the Labor Code. 2019).
Regulations on annual leave days prescribe how to calculate annual leave in some special cases (Article 66 of Decree 145/2020 / ND-CP)
+ The employee's annual leave days for less than 12 months as prescribed in Clause 2, Article 113 of the Labor Code is calculated as follows:
Multiply the number of annual leave days plus the number of extra days off according to seniority (if any), divide by 12 months, multiply by the actual number of working months in the year to calculate the number of days off annually.
+ In case the employee has been working for less than a full month, if the total number of working days and paid days off of the employee (public holidays, New Year holidays, annual leave, separate paid leave according to Articles 112 and 113 , Article 114 and Article 115 of the Labor Code) account for 50% of the normal working days in a month as agreed, that month is counted as 01 working month to calculate the annual leave.
+ The entire working time of the employee at the agencies, organizations, units of the state sector and the State enterprise is counted as working time to calculate the additional annual leave as prescribed in Article 114 of the Labor Code if the employee continues to work at agencies, organizations, units in the state sector and state enterprises.
Enterprises need to base themselves on the Regulation on annual leave days to implement.