How is the number of annual leave days calculated?
The employee’s annual leave period is specified in Article 113 of the 2019 Labor Code.
Accordingly, employees who work for a full 12 months for an employer are entitled to annual leave with full salary according to the labor contract. The leave period is 12-16 days per year, depending on the type of employee, specifically as follows.
In addition, according to Article 114 of the 2019 Labor Code, the employee’s annual leave day is increased according to working seniority. Specifically, every 5 years of working for an employer When working, the number of annual leave days of the employee is increased by 1 day.
When taking annual leave, if the employee travels by means of road, rail, waterway and the number of days on the road (both going and returning) ) more than 2 days, from the 3rd day onwards, additional travel time will be counted in addition to annual leave (only counted for 1 leave per year).
Work less than 1 year Are you entitled to annual leave?
According to regulations, employees who work less than 12 months for an employer will have the number of days of annual leave proportional to the number of days off. months of work.
The number of days off is calculated as follows: take the number of annual days off plus the number of days off increased by seniority (if any) divided by 12 months multiplied by the number of actual working months During the year.
In case the employee works for less than a full month, if the total number of working days and paid leave days of the employee (holidays, annual leave, paid personal leave according to the provisions of Labor Code 2019) accounts for 50% of the normal working days in the month as agreed, then that month is counted as 1 working month to calculate annual leave.
The time allowed considered working time to calculate the number of annual leave days of the employee, in this case including days off according to regulations on vocational training period… This time includes 10 amounts specified in Article 65 of Decree 145 /2020/ND-CP.
How to pay leave in 2024?
Article 114 of the 2012 Labor Code regulates the payment of wages Days without annual leave. Accordingly, if employees do not take annual leave according to regulations, they will be paid in money.
However, the 2019 Labor Code has more specific regulations on payment of money. salary for untaken days in Clause 3, Article 113.
Accordingly, there is only the case of job loss due to termination and the employee has not yet taken annual leave or has not taken all the annual leave days (calculated at time of termination (loss of job), the employer will pay wages for the days not yet taken off.
In other cases, the employee will not be paid until the full amount has not been used. annual leave days.
To avoid disadvantages when not planning to use all annual leave days at once, employees can agree with the employer to divide the number of annual leave days. year into several times a year.
If by the end of the year the employee has not used up all of his/her annual leave as prescribed, he/she can negotiate with the employer to transfer the leave to the next year but Combined leave must not exceed 3 years at a time.
