The holidays for foreign workers in Vietnam are clearly defined in the 2019 Labor Code. With the increasing number of foreign workers in Vietnam, understanding the regulations on holidays has become extremely important, not only to ensure the personal rights of foreign workers but also to help businesses comply with the law. The 2019 Labor Code has set new standards for holidays, which help protect the rights of all workers, including foreign workers.
I. Weekly Rest Days for Foreign Workers
According to Article 111 of the 2019 Labor Code, foreign workers in Vietnam, like domestic workers, are entitled to a minimum of 24 consecutive hours of rest each week. This regulation ensures that all workers, regardless of nationality, have reasonable rest periods to recharge, maintain health, and enhance work efficiency. If the nature of the job does not allow for a full 24-hour weekly rest, the employer must ensure that the workers have at least 04 days of rest per month. This is an important provision to ensure fairness and rights for foreign workers, while also creating a humane and sustainable working environment.
II. Holidays and Tet According to the 2019 Labor Code
Holidays and Tet (Lunar New Year) are also an important part of the rights of foreign workers in Vietnam. Article 112 of the 2019 Labor Code specifically stipulates the holidays during which foreign workers are entitled to full pay. Foreign workers are entitled to the following holidays with full pay:
- New Year’s Day: 01 day (January 1)
- Lunar New Year: 05 days
- Victory Day: 01 day (April 30)
- International Labor Day: 01 day (May 1)
- National Day: 02 days (September 2 and 01 day immediately before or after)
- Hung Kings’ Commemoration Day: 01 day (March 10 of the lunar calendar)
- 01 traditional holiday of their country and 01 national day of their country.
Additionally, the 2019 Labor Code allows foreign workers to take one extra day off for their national holidays. This provision demonstrates respect for the culture and traditions of other countries, while also helping foreign workers feel more comfortable and secure when working in Vietnam.
III. Annual Leave and Benefits for Foreign Workers
According to Article 113, the 2019 Labor Code clearly defines the annual leave for foreign workers in Vietnam. Foreign workers who have worked for an employer for 12 consecutive months are entitled to annual leave with full pay as follows:
- 12 working days for those working under normal conditions;
- 14 working days for minor workers, disabled workers, or those doing heavy, hazardous, or dangerous work;
- 16 working days for those doing extremely heavy, hazardous, or dangerous work.
Foreign workers who have worked for less than 12 months for an employer will be entitled to annual leave in proportion to the number of months worked. This regulation not only ensures the rights of workers but also motivates them to stay and contribute to the business in Vietnam for the long term.
For every 5 years of working for the same employer, the number of annual leave days for foreign workers is increased by one day.
IV. Personal Leave and Unpaid Leave
Article 115 of the 2019 Labor Code also provides for cases of personal leave with pay for foreign workers in Vietnam. Accordingly, foreign workers are entitled to personal leave with full pay and must notify their employer in the following cases:
- Marriage: 03 days off;
- Marriage of a biological child or adopted child: 01 day off;
- Death of a biological parent, adopted parent, parent-in-law, spouse, biological child, or adopted child: 03 days off.
Foreign workers are entitled to 01 unpaid day off and must notify their employer in case of the death of a grandparent, sibling, or the marriage of a parent or sibling. Additionally, foreign workers can negotiate with their employers for unpaid leave. This provision offers flexibility, allowing workers more options in managing their personal time and work without violating Vietnam’s legal regulations.
V. Significance and Importance of Holiday Regulations
The regulations on holidays for foreign workers in Vietnam under the 2019 Labor Code play a significant role in protecting workers’ rights, allowing them time to rest and rejuvenate. These regulations also demonstrate fairness and non-discrimination between domestic and foreign workers, thereby helping to attract international human resources to work in Vietnam and contribute to socio-economic development.
Understanding these holiday regulations not only helps foreign workers ensure their rights but also helps businesses comply with legal requirements and avoid unnecessary labor disputes. Compliance with these regulations also contributes to building a responsible corporate image that cares about workers’ rights, thereby enhancing reputation and competitiveness in the market.
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