Number of annual leave days
According to the provisions of Clause 1, Article 113 of the 2019 Labor Code, the specific number of annual leave days is stipulated as follows:
In the case of employees who have worked for 12 months for an employer, they will be entitled to annual leave and receive full salary according to the labor contract as follows:
- 12 working days for people working under normal conditions;
- 14 working days for underage workers, disabled workers, heavy, toxic, or dangerous workers;
- 16 working days for people working in particularly arduous, toxic, or dangerous occupations or jobs.
In case the employee has worked for less than 12 months for an employer, the number of days off per year shall be proportionally matched to the number of months worked.
In case of termination of employment, loss of employment but not taking annual leave or not taking all of the annual leave days, the employer will pay the salary for the days not taken.
Employers are responsible for regulating annual leave schedules after consulting with employees and must notify employees in advance. Employees can negotiate with their employer to take annual leave in multiple times or take a maximum of 03 years off each time.
When on annual leave before the salary payment period, employees are entitled to a salary advance payment according to the provisions of Clause 3, Article 101 of this Code.
When taking annual leave, if employees travel by road, rail, or waterway with more than 02 days of travel, from the 3rd day onwards, travel time outside of annual leave will be calculated and will only be calculated for 01 leave in the year.
Increase annual leave according to seniority
Article 114 of the 2019 Labor Code stipulates additional annual leave based on seniority, specifically as follows:
Annual leave increases according to seniority
Based on the total of 05 years of work for an employer, the number of annual leave days of employees as prescribed in Clause 1, Article 113 of this Code will be increased by 01 day.
Accordingly, the current regulations on calculating the latest number of annual leave days are as follows:
For employees who have worked for 12 months for an employer, they will be entitled to annual leave and receive full salary according to the labor contract as follows:
- 12 working days for people working under normal conditions;
- 14 working days for underage workers, disabled workers, heavy, toxic, or dangerous workers;
- 16 working days for people working in particularly arduous, toxic, or dangerous occupations or jobs.
- Employees who have worked for less than 12 months for an employer shall have the number of annual leave days in proportion to the number of months worked.
How to calculate the number of days off for the remaining year
Clause 3, Article 67 of Decree 145/2020/ND-CP stipulates that salary used as the basis for paying employees for days off that are not annual or have not completed the number of days off per year according to Clause 3, Article 113 of the Labor Code is the salary according to the labor contract of the month immediately preceding the month in which the employee quit or lost his job.
Thus, the salary for the remaining years of leave is calculated according to the following formula:
Salary for unrestricted or unrestricted annual leave = Salary according to the previous month's labor contract/normal number of working days of the previous month x number of unrestricted or unrestricted annual leave days.
