ANNUAL LEAVE AND HOLIDAY IN 2021

The 2019 Labor Code is in effect, so what changes to annual leave, how many annual leave per year for employee?

I. ANNUAL LEAVE PER YEAR

 

 

Under the provisions of Article 113 of the Labor Code 2019:

1. For employees who have worked for full 12 months:

An employee who has worked for a full 12 months for an employer is entitled to an annual leave entitled to full salary under the labor contract as follows:

1.1. 12 working days for the employee working in normal conditions;

1.2. 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;

1.3. 16 working days for employees who do highly laborious, toxic or dangerous works.

2. For employee who has been working for an employer for less than 12 months

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.

Example: If an employee working under normal conditions and working for full 6 months for an employer, that employee is entitled to 6 days of paid leave.

3. Increased annual leave by work seniority:

Besides, The annual leave of an employee shall increase by 01 day for every 05 years of employment with the same employer.

 

II. PUBLIC HOLIDAYS

 

 

In addition to the annual leave, the employee is also entitled to paid leave on the following public holidays:

  1. Gregorian Calendar New Year Holiday: 01 day (the 1stof January of the Gregorian calendar);
  2. Lunar New Year Holidays: 05 days;
  3. Victory Day: 01 day (the 30thof April of the Gregorian calendar);
  4. International Labor Day: 01 day (the 1stof May of the Gregorian calendar);
  5. National Day: 02 days (the 2ndof September of the Gregorian calendar and the previous or next day);
  6. Hung Kings Commemoration Day: 01 day (the 10thof the third month of the Lunar calendar).

Note: Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated above.

 

III. PERSONAL PAID LEAVE

 

 

An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified to the employer in advance:

  1. Marriage: 03 days;
  2. Marriage of his/her biological child or adopted child: 01 day;
  3. Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.

 

IV. UNPAID LEAVE

An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case:

  1. The death of his/her grandparent or biological sibling
  2. Marriage of his/her parent or natural sibling

The employee may negotiate with employer on taking unpaid leave other than the leave stipulated above.