1. What is annual leave?
Annual leave is a benefit of an employee who has worked for the employer for one full year and is entitled to full salary according to the labor contract.
How many annual leave days are employees entitled to?
The number of vacation days in a year is the period of time employees are entitled to rest (excluding weekends, holidays or unpaid leave and personal leave).
2. Regulations on leave in 2024
Pursuant to the Labor Code 2019 promulgated on November 20, 2019 and officially effective from January 1, 2021, replacing the Labor Code 2012 has regulations on annual leave record as follows:
2.1 Regulations on the number of annual leave days
Pursuant to Clauses 1 and 2 of Article 113, employees are entitled to annual leave as prescribed: An employee who has worked for a full 12 months for an employer shall be entitled to annual leave with full salary under the labor contract as follows:
- 12 working days off for those who work under normal conditions;
- 14 working days off for minor employees, employees with disabilities, people doing heavy, hazardous and dangerous jobs;
- 16 working days off for those who do particularly heavy, hazardous and dangerous occupations or jobs.
The number of annual leave record days for employees who work less than 12 months for an employer is calculated according to the proportion corresponding to the number of working months.
Annual leave record of officials, civil servants and public employees in 2024
In addition to the regulations on the number of annual leave days while still working, Clause 3, Article 113 also stipulates the cases of annual leave in some specific cases: In case of severance or loss of work, but have not taken annual leave or have not taken all annual leave days, the employer shall pay wages for the untaken days. When taking annual leave without pay period, employees are entitled to advance salary according to regulations
When taking annual leave record, if an employee travels by road, rail, or water transport, but the number of days traveling by road is more than 2 days, from the 3rd day onward, he/she will be counted as extra travel time. annual leave and is only counted for 1 time off in a year.
2.2 Add up the number of annual leave days
According to Clause 4, Article 113, of the 2019 Labor Code, the employer is responsible for determining the annual leave schedule after consulting the employee and must notify the employee in advance. In there, the employee can agree with the employer to take annual leave in installments or take a combined leave. The maximum period of cumulative leave is once every 3 years.
2.3 Do not take full annual leave
In case the employee does not take all the annual leave days as prescribed, the employee will be handled as follows:
- In case the employee does not take all the leave days due to severance or job loss, the employee will be paid wages by the employer for the unpaid leave days.
- In case the employer does not take all vacation days in the year due to no need to take leave but continues to work, the employer is not required to pay wages for the untaken leave days.
Thus, employees who do not take full lannual leave record due to no need for leave will not be paid in cash according to the number of remaining leave days at the end of the year. However, the current law also allows employees to come to an agreement with the enterprise to include the remaining vacation days in the following years.
3. How to calculate the number of annual leave days
The calculation of leave days has some special cases. Pursuant to Article 66, Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code 2019, the calculation is as follows:
The number of annual leave days of an employee who has worked for less than 12 months is calculated as follows: take the number of annual leave days plus the number of days off increased by seniority (if any), divide by 12 months, multiply by actual number of working months in the year to calculate the number of annual leave days.
The formula for calculating the number of annual leave days is as follows:
Number of leave days = [( Number of days of leave when working full year + Number of days of seniority leave (if any))/12] x Number of actual working months
4. Annual leave record service in Vietnam
At S4B, we understand the importance of maintaining accurate and up-to-date records for your business. That’s why we are thrilled to present our Annual Record Service, a comprehensive solution designed to streamline your record-keeping processes and ensure compliance with industry standards.
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S4B Vietnam
- Address: Unit 602A, Tower A, Handi Resco Office Building. 521 Kim Ma Street, Ba Dinh District, Hanoi
- Tel: + 84 24 3974 4181
- Email: service@s4b.com.vn
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