Procedures of being on leave in labor

Legal situation:

Currently, I am working at a company stipulating that employees will have a day of leave with full salary monthly. Until the end of October, I have not taken a day off. So, I would like to ask if I can take seven days of continuous leave in November and still get the full salary. Sincerely thank you.

Answer:

Thank you for sending your requirement to FDVN LAW FIRM (“FDVN”). For your consulting request, after researching the relevant legal provisions, FDVN would like to send you some advice as follows:

In Article 113 of Labor Code 2019 providing annual leave regimes:

“1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:

1. 12 working days for employees who work in normal working conditions.
2. 14 workings days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
3. 16 working days for employees who do highly laborious, toxic or dangerous works.

​2. 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.

...

4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in installments or combining annual leave over a maximum period of up to 03 years.

5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of Labor Code.”

Thus, pursuant to the above provision, the Company regulates the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. In case the employee wants to take a combined leave to be entitled to consecutive days of paid leave, he/she must reach an agreement with the Company.

Above are the FDVN’s opinions related to your consulting requests based on studying the legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Vân Anh – FDVN Law Firm  

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

Lawyers in Ho Chi Minh City:

No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City

Lawyers in Ha Noi:

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An:

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam