Headlines 09/10/2020 16:54 CH

New regulations regarding days of annual leave, public holidays or personal days of employees coming in use from 2021

Quý Nguyễn

From January 1, 2021, various new regulations regarding days of annual leave, public holidays, New Year holidays, and personal days of employees under the 2019 Labor Code will be officially effective.

Days of annual leave in 2021

- If an employee works for an employer for 12 months, he/she will be entitled to fully-paid annual leave as prescribed in the labor contract as follows:

+ Employees working in normal conditions will be entitled to 12 days of leave;

+ Employees who are underage, disabled, work under arduous, toxic and hazardous condition will be entitled to 14 days of leave (pursuant to the 2012 Labor Code currently in force, employees working under harsh living conditions are also entitled to 14 days of leave).

+ Employees working under extremely heavy, hazardous or dangerous conditions will be entitled to 16 days of leave (under regulations currently in force, they are treated the same as those working under extremely harsh living conditions).

- Employee who has not yet worked for 12 months in full for a single employer is entitled to the number of days of annual leave in proportion to the number of his/her working months.

- If an employee has worked for an employer for 5 years, the number of days of leave that he/she is entitled to receive will be increased by 1 day. 

- If an employee has not yet taken annual leave or has the remaining days of annual leave due to resignation or dismissal, he/she may receive salary paid for the remaining days of leave from an employer.

- Employees may negotiate with employers on taking annual leave in multiple times a year or taking all days-off accrued every 3 years at maximum. 

- When going on annual leave, if employees spend more than 2 days for round trips on board means of road, rail or waterway transport, from the 3rd day onwards, the traveling time will be included in the annual leave only once a year.

Public and New Year holidays in 2021

- Employees will be entitled to fully paid leave during public and New Year holidays below:

+ Calendar New Year holidays: 01 day (on January 1st of the calendar year);

+ Lunar New Year holidays: 05 days;

+ Victory Day: 01 day (on April 30th of the calendar year);

+ International Workers Day: 01 day (on May 1st of the calendar year);

+ Independence Day: 02 days (on September 2nd of the calendar year and the immediately preceding or subsequent day) (currently, only 1 day);

+ Death Anniversary of the Hung Kings: 01 day (on March 10th of the lunar year).

- In addition to days-off prescribed in clause 1 of this Article, foreign employees working in Vietnam will be entitled to 01 day-off on their traditional New Year celebration occasion and 01 days-off on their Independence Day celebration occasion.

Another new regulation is that, from 2021 onwards, the Prime Minister will issue the decision on specific lunar New Year holidays in place of employers who are allowed to do so under regulations currently in force.

Personal days in 2021

Employees can take leave due to their personal causes in the following cases:

 (1) Employee himself/herself gets married: 03 days-off.

 (2) Employee’s natural father is dead: 03 days-off.

 (3) Employee’s natural mother is dead: 03 days-off.

 (4) Employee’s adoptive father is dead (this is a new regulation): 03 days-off.

 (5) Employee’s adoptive mother is dead (this is a new regulation): 03 days-off.

 (6) Natural father of employee’s wife/husband is dead: 03 days-off.

 (7) Natural mother of employee’s wife/husband is dead: 03 days-off.

 (8) Adoptive father of employee’s wife/husband is dead (this is a new regulation): 03 days-off.

 (9) Adoptive mother of employee’s wife/husband is dead (this is a new regulation): 03 days-off.

(10) Employee’s wife/husband is dead: 03 days-off.

 (11) Employee’s natural child is dead: 03 days-off.

 (12) Employee’s adopted child is dead: 03 days-off.

 (13) Employee’s natural child gets married: 01 day-off.

 (14) Employee’s adopted child gets married: 01 day-off.

Notes: When taking leave for personal reasons as mentioned above, employees are obliged to notify employers.

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