Regulations on annual leave: Number of leaves, salary & procedures

Regulations on annual leave to ensure the legal rights of employees after one year of employment. The number of days off, salary calculation, and leave application procedures are specified in the Labor Code. This article by Long Phan Consulting Company will provide detailed information about annual leave, payment mode, and calculation method for customers’ reference.

Number of days of annual leave of employees

The number of annual leave days of employees is stipulated in Article 113 of the Labor Code 2019, specifically as follows:

Employees who work for 12 months are entitled to annual leave with full salary according to the labor contract:

• 12 working days for workers under normal conditions.
• 14 working days for minor workers, disabled workers, and people doing heavy, hazardous, and dangerous jobs.
• 16 working days for people doing extremely heavy, toxic, and dangerous jobs.

For employees who have worked less than 12 months, the number of annual leave days is calculated in proportion to the number of months worked.

How to calculate annual leave in special cases

In addition to the case of working for 12 months, the calculation of annual leave is also specified for some special cases as follows:

• The number of annual leave days of employees working less than 12 months is calculated by taking the prescribed number of annual leave days plus the additional number of days off based on seniority (if any), dividing by 12 months, multiplying by the actual number of working months in the year.
• In case the employee works for less than a full month, if the total number of working days and paid leave days accounts for 50% of the normal working days in the month, then that month is counted as 01 working month to calculate annual leave.
• The entire time the employee works at agencies, organizations, and units of the state sector and state-owned enterprises is counted as working time to calculate the additional annual leave if the employee continues to work at the agencies, organizations, and units of the state-owned sector and state-owned enterprises.

Is unused annual leave paid out if no leave is taken?

Pursuant to Clause 3, Article 113 of the Labor Code 2019, employees will be paid wages for untaken vacation days in case of resignation or job loss. However, if the employee does not take all the days of annual leave due to no need to take leave, he or she will not be paid wages for the days not yet taken. In this case, the employee can agree with the employer to take annual leave several times or combine leave for up to 3 years at a time.

The salary used as a basis for payment to employees for days not yet on annual leave is the salary according to the labor contract of the previous month adjacent to the month the employee quits or loses his or her job.

Procedure for applying for annual leave

The process of applying for annual leave at businesses today often includes the following steps:

Step 1: Prepare the leave application form

Employees write a leave application according to the human resources department’s form or download the form online.

Leave time is determined according to company regulations, usually clearly stated in the labor contract.

Step 2: Submit leave request to superiors for approval

Depending on the length of leave, employees need to apply to the appropriate management department.

Step 3: Forward the leave application to the human resources department

After the leave application is approved, the employee needs to forward this application to the human resources department to update and calculate leave time.

>>> See more: Company Terminates Labor Contract Before Expiration: What Should You Note?

Reliable consultation services on regulations on annual leave in Long Phan Consulting Company

Long Phan Consulting Company provides in-depth consulting services on regulations related to annual leave, including:

• Review regulations on annual leave for employees;
• Consulting on how to take annual leave;
• Consulting on conditions for annual leave;
• Consulting on cases of salary payment for non-annual leave days;
• Consulting and guidance on the process of applying for annual leave;
• Consulting on resolving interest disputes related to annual leave;
• Consulting and answering other related issues.

Frequently asked questions about regulations on annual leave for employees

Customers can refer to frequently asked questions about regulations on annual leave below:

Are employees who work less than 12 months entitled to annual leave?

Yes. Employees who have not worked for 12 months will have their annual leave calculated in proportion to the number of months worked.

What time is counted as working time to calculate annual leave?

According to the provisions of the Labor Code, working time used to calculate annual leave includes actual working time, probationary period, paid personal leave time and unpaid leave time if agreed by the employer.

Are employees entitled to combine annual leave?

Yes, employees can agree with the employer to take annual leave multiple times or combine leave for up to 3 years at a time.

How to calculate salary for days without annual leave?

The salary used as a basis for payment to employees for days not yet on annual leave is the salary according to the labor contract of the previous month adjacent to the month the employee quits or loses his or her job.

Do employees need to notify the reason when applying for annual leave?

Employees need to notify the reason when requesting annual leave for the employer to consider and approve.

If an employee and employer have a dispute about annual leave, how will it be resolved?

Employees and employers can resolve disputes through negotiation, conciliation or lawsuits in court.

Conclude

Understanding the regulations on annual leave helps employees and employers ensure their rights and obligations. If you have any questions related to this issue, please contact Long Phan immediately via the hotline: 0906735386 for timely advice and support.