In Vietnam, employees have many opportunities to take time off work while still receiving full pay, as stipulated by labor laws. In human resource management, this includes... correct understanding , and do right These regulations not only ensure the legal rights of workers but also maintain consistency in the operational structure and payroll system within the enterprise.
I. Annual leave
According to the regulations at Article 113 Labor Code 2019Employees who have worked for the same employer for 12 months are entitled to full pay for their annual leave. Specifically:
- Normal working conditions: Day off 12 days.
- Child workers, people with disabilities, and those engaged in strenuous, hazardous, or dangerous occupations: Time off. 14 days.
- Those engaged in particularly strenuous, hazardous, or dangerous occupations: Take time off. 16 days.
If an employee has worked for an employer for less than 12 months, the number of annual leave days will correspond to the number of months worked.
In cases where an employee resigns or loses their job before taking or using up all of their annual leave days, the employer is responsible for paying wages for the unused leave days.
II. Leave for personal reasons
According to the regulations at Clause 1 Article 115 Labor Code 2019Employees are entitled to time off for personal reasons while still receiving their full salary in the following cases:
- Marriage: time off 03 days;
- When biological or adopted children get married: they take time off. 01 days;
- Funerals of biological father, biological mother, adoptive father, adoptive mother; biological father, biological mother, adoptive father, adoptive mother of spouse; spouse; biological child, adopted child: leave 03 days.
⚠️ Note: Employees must notify their employers in order to receive their full pay.
III. Other cases of paid leave
1. Holidays and Tet (Lunar New Year)
According to the Article 112 Labor Code 2019The following are paid holidays and Tet (Lunar New Year) holidays:
- New Year's Day: 01 days (May 1st);
- Lunar New Year: 05 days;
- Victory Day: 01 days (May 1st);
- International Labor Day: 01 days (May 1st);
- National Day: 02 days (September 2nd and one day immediately before or after);
- Hung Kings Commemoration Day: 01 days (March 10th according to the lunar calendar).
In the case of foreign workers working in Vietnam, in addition to the above holidays, they are also entitled to one extra day off for their national New Year and one extra day off for their country's National Day.
2. Leave for treatment of work-related accidents or occupational diseases.
Clause 3 Article 38 The 2015 Law on Occupational Safety and Health stipulates that employees are entitled to full pay for days off for treatment and rehabilitation in cases of work-related accidents or occupational diseases.
3. Leave of absence due to temporary suspension from work but without disciplinary action.
According to Article 128 Labor Code 2019In cases where the employee's continued work could hinder the verification of complex labor discipline violations, the employer has the right to temporarily suspend the employee's work. The duration of the temporary suspension shall not exceed 15 days, or 90 days in exceptional cases.
➤ After verification, if the employee is not subject to labor disciplinary action, the employer is responsible for paying the employee full wages for the entire period of temporary suspension from work.
4. Time off for female workers
➤ As stipulated in Clause 2 Article 137 Labor Code 2019Female employees who are pregnant and notify their employer are entitled to a reduction of one hour of daily work without any reduction in salary, rights, or benefits if their occupation is strenuous, hazardous, or dangerous and negatively affects their ability to reproduce and raise children, or they may be transferred to lighter, safer work. This regulation applies until the end of the period of raising a child under 12 months old.
➤ In addition, Clause 3 Article 80 Decree 145 / 2020 / ND-CP The regulations also stipulate that female employees are entitled to a 30-minute break per day, for a minimum of 03 days per month, during their menstrual period. Female employees receive full pay during this break.
➤ In cases where female employees do not need to take time off during work (during menstruation or while breastfeeding) and the employer agrees to allow them to work, they will be paid extra wages for the work they performed during the time they were supposed to be off.
Current labor laws clearly define the circumstances under which employees are entitled to paid leave. In the context of a constantly evolving labor market, this... Understand correctly – do correctly Legal regulations not only help workers secure income and stable livelihoods but also support employers in terms of management and operation, contributing to building harmonious, professional, and sustainable labor relations within each enterprise.
📑 Excerpt from the law:
- Labor Code 2019
- Article 112. Holidays and festivals.
- Article 113. Annual leave.
- Article 115. Personal leave, unpaid leave.
- Article 128. Temporary suspension of work.
- Article 137. Protection of pregnancy and childbirth.
- Occupational Safety and Health Law 2015
- Article 38. Responsibilities of the employer towards employees who suffer work-related accidents or occupational diseases.
- Decree 145 / 2020 / ND-CP
- Article 80. Healthcare for female workers.