Quick Facts: Are holidays and Tet holidays paid during the year? Paid holidays and regulations on salary advances for employees.
I. Workers’ rights
In Clause 1, Article 5, Labor Code No. 45/2019/QH14 stipulates:
- Workers have the right to work, to choose their own jobs and workplaces, occupations, to learn a trade and improve their skills; to not be discriminated against, to not be subjected to forced labor or sexual harassment at work;
- Employees will receive a salary appropriate to their qualifications and skills based on an agreement with the employer; receive labor protection and work in conditions that ensure occupational safety and hygiene; take paid annual leave and enjoy the company’s collective benefits;
- Establish and operate in organizations representing workers, professional organizations and other organizations according to the provisions of law; in addition, workers have the right to request and participate in dialogue, implement democratic regulations, negotiate collective regimes with enterprises and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the content of the employer;
- Refuse to work when there is a direct threat to life and health during the performance of work;
- Employees have the right to unilaterally terminate labor contracts and strike;
- And exercise other rights as prescribed by law.
II. Regulations on paid leave days for employees
1. Holidays and Tet holidays with pay during the year
Article 112 of the 2019 Labor Code stipulates that each year, employees are entitled to holidays and Tet and receive full pay on the following days:
- New Year’s Day every year: 1 day (January 1st);
- Lunar New Year’s Day every year: 5 days (chosen by the employer based on the specific decision of the Prime Minister each year) and notify employees at least 30 days in advance;
- Reunification Day (also known as Victory Day): 1 day (April 30);
- International Labor Day: 1 day (May 1st);
- National Day: 2 days (September 2 and 1 day before or after);
- Hung King’s Commemoration Day: 1 day (on the 10th day of the 3rd lunar month);
- As for foreign workers working in Vietnam, in addition to the above holidays, they will have 1 more National Day and 1 traditional New Year holiday of their country.
2. Annual leave, additional annual leave according to seniority
Pursuant to Article 113 and Article 114 of the 2019 Labor Law, employees who work for 12 months for an enterprise will have the following number of annual leave days:
- 12 working days for employees working under normal conditions;
- 14 working days for minors, disabled workers, and workers doing heavy or dangerous work;
- 16 working days for employees doing especially heavy, dangerous, or toxic work.
- For every 5 years of working for a company, the employee’s annual leave increases by 1 day;
- For employees who have worked for less than 12 months for a company, the number of annual leave days is proportional to the number of months worked in the year.
Note:
- During annual leave, if an employee travels by road, water or rail and the total number of days of travel and return is more than 2 days, from the 3rd day onwards, additional travel time will be calculated and will only be counted for 1 leave per year;
- In case of resignation or job loss without taking all annual leave days, salary will be paid for the days not taken;
- Employers are responsible for consulting with employees and notifying employees in advance about annual leave regulations.
>> See more: How to calculate and take annual leave for employees.
3. Personal leave with full pay
Pursuant to Article 115 of the 2019 Labor Code, employees are entitled to personal leave with full pay in the following specific cases:
- Marriage itself is entitled to 3 days off;
- Biological and adopted children who get married get 1 day off;
- Husband or wife, biological children, adopted children; biological/adoptive parents of husband or wife die: 3 days off.
Note :
In case an employee has a paternal or maternal grandparent, sibling, or parent who dies or a sibling who gets married, he/she is entitled to 1 day off without pay.
In addition to the above cases, employees can negotiate with their employers to take unpaid leave.
4. Temporary leave due to suspension but not subject to disciplinary action
Article 128, Clause 4 of the 2019 Labor Code stipulates that employees who are not working due to temporary suspension but are not subject to labor discipline will be paid full salary for the period of temporary suspension.
5. Paid leave for female employees
According to Clause 4, Article 137 of the Labor Code 2019 and Clause 3, Article 80 of Decree 145/2020/ND-CP:
- Female employees are entitled to 30 minutes off per day, at least 3 days per month during menstruation. The maximum number of days off will be agreed upon by both parties and the specific time of the off will be notified by the employee to the employer;
- Female employees with children under 12 months old are entitled to 60 minutes off per day during working hours to rest, breastfeed, express milk, and store milk while still receiving full pay;
- Female workers who do toxic, heavy, dangerous work or work that adversely affects reproductive functions or child-rearing during pregnancy and notify the employer will have their daily working hours reduced by 1 hour until the end of the period of raising children under 12 months old.
6. Unilateral termination of contract by employer
Pursuant to Clause 1, Article 41 of the 2019 Labor Law, employers who unilaterally terminate labor contracts illegally must:
- Accept employees back to work according to previously signed contracts;
- Must pay salary and pay full social insurance, health insurance, and unemployment insurance for the days the employee is not allowed to work;
- Pay at least 2 additional months’ salary to employees according to the salary agreed upon in the labor contract.
>> See more: Regulations on labor contracts and probationary contracts.
7. Leave for treatment and rehabilitation due to work-related accidents or occupational diseases
In Clause 3, Article 38 of the Law on Labor Safety and Hygiene: Employees are paid full wages in case of work-related accidents or occupational diseases and must take time off for treatment and rehabilitation.
>> Learn more: Regulations on occupational accident and disease benefits.
8. Time off from work but still receiving pay
Article 58 of Decree 145/2020/ND-CP stipulates the periods when employees do not work but still receive wages, including:
- Take breaks according to the nature of the work;
- Time off work not due to the fault of the employee;
- During the apprenticeship, direct internship or labor participation period, wages will be paid according to agreement;
- Rest necessary for natural physiological needs during the work process has been included in the labor norm;
- Time for registration, examination, and medical examination for military service according to the law on military service;
- Time off for female employees who are pregnant or raising children under 12 months old, and time off during menstruation;
- Time for study, training, and meetings as required by the employer or with the employer’s consent;
- The time during which the members of the board of directors of the organization or enterprise representing the employees perform the tasks prescribed in Clauses 2 and 3, Article 176 of the 2019 Labor Law;
- The time for registration, examination to detect occupational diseases, medical assessment to determine the level of reduced working capacity due to occupational diseases and work accidents is arranged by the employer;
- Employees working shifts continuously for 6 hours or more with a transition time between shifts of no more than 45 minutes will be given a break of at least 30 minutes, and those working at night will be given a break of at least 45 minutes.
III. Regulations on salary advance for employees on leave
Article 101 of the 2019 Labor Code stipulates that employees are entitled to salary advances as follows:
- Employees are not charged interest according to the terms agreed between the two parties;
- Employees are given an advance payment of salary corresponding to the number of days temporarily off work to perform civic duties from 1 week or more, not exceeding 1 month at the salary level on the labor contract and are responsible for returning the advanced amount to the employer;
- When taking annual leave before the salary payment date, employees are entitled to an advance payment of at least equal to the salary for the days off according to Clause 5, Article 113 of the 2019 Labor Code.
Note: Employees enlisted under the Military Service Law are not entitled to salary advances.
In summary, according to the above regulations, employees are entitled to an advance payment of salary when taking leave under conditions agreed with the employer and are not charged interest on an amount at least equal to the salary for the days off.
IV. Questions related to paid leave for employees
1. Will annual leave increase with seniority?
Yes, for every 5 years of working for an employer, the total number of annual leave days of an employee will be increased by 1 day.
2. In case a female employee does not need to take time off during her menstrual period, will she be paid extra for the time she worked during the time off?
In case there is no need for leave and the employer agrees to let the employee work, he/she will be paid extra salary according to the work done during the leave.
3. I work at company Y under normal working conditions, with a total working time of 8 months per year. So how is my annual leave calculated?
The formula for calculating annual leave days is as follows:
Number of days off = (Number of days off when working for a full year: 12) x Actual number of months worked.
Number of days off in this case = (12 days : 12) x 8 months = 8 days.