The latest regulations on annual leave for employees

Software Viindoo Time-Off This is an important topic for employees. This article helps readers understand important regulations such as time off, the number of days of leave corresponding to each case, the rights of employees and employers. Find out about the latest updates on leave regulations now.

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1. What is annual leave?

The number of vacation days in a year is calculated as the period during which the employee is allowed to take leave (excluding weekends, public holidays or unpaid days off and personal leave). When taking leave, the employee will be entitled to the full salary according to the signed labor contract.

Leave is an important benefit for employees after working for at least 1 year for the employer. Considered an important measure of work-life balance, annual leave regulations allowing workers to enjoy time off and re-energize.

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2. Regulations on annual leave

Readers can understand better Regulations on annual leave and your rights in the next section here. Read this information to understand the leave provisions under the applicable Labor Law and your benefit situation.

2.1 Number of vacation days in a year

Regulations on annual leave is an important part of the 2019 Labor Code. This Charter ensures the employees' rights to annual leave and salary according to the labor contract. Here are the key points in the regulation:

• Annual leave according to working time:
• • 12 working days for subjects doing work under normal conditions.
  • 14 working days for minors, disabled workers, people doing heavy, hazardous and dangerous jobs in places with harsh living conditions.
  • 16 working days for people doing jobs, especially heavy, hazardous or dangerous jobs or those working in places with harsh living conditions.
• Leave for employees who have worked for less than 12 months: The number of days of leave is calculated in proportion to the working time.
• Payment of wages for unpaid days: In case an employee quits or loses his/her job without taking all the annual leave days, the employer must pay the corresponding salary for the untaken days.
• Leave agreement: The employee can agree with the employer to take annual leave into many times or combine the leave up to once every 3 years.
• Calculating travel time: If an employee travels by water, rail, or road, and the number of travel days both going and returning is more than 2 days, from the 3rd day onward, the extra time will be counted. annual leave. However, this only applies to one holiday per year.
• Increase the number of days off after 05 years of working: After every 05 years working for the same labor unit, the number of annual leave days of employees will be increased by 1 day. (According to Clause 1, Article 113)

2.2 Regulations on compounding vacation days

Regulations on annual leave in the Labor Code 2019 provides important guarantees on the rights of workers. These regulations give employees the right to choose and negotiate with their employers about annual leave. Article 113, Clause 4 of this Law sets out the following important regulations:

• Regulation of leave schedule: The employer is responsible for setting the annual leave schedule, after consulting with the employee and must notify the employee in advance.
• Leave Agreement: An employee and an employer may agree to divide the annual leave into multiple installments or to take the combined leave for a reasonable period of time for both parties.
• Maximum lump-sum leave every 3 years: Employees can take a combined annual leave up to once every 3 years. This allows them to take longer breaks and manage leave more flexibly.

2.3 Cases of not taking full annual leave

Regulations on annual leave is an important element in the human resource policy of any enterprise. According to the Labor Law, employees are entitled to annual leave to recharge and maintain health. However, if the employee does not use up the annual leave,The following provisions will apply:

• Payment of wages for unpaid leave upon severance or loss of work: If the employee does not take all the leave days due to severance or loss of employment, the employer will pay the corresponding salary to the employee. unused vacation days.
• Failure to pay wages for unpaid leave while continuing to work: In case the employee does not take all the leave days in the year due to no need to take leave but continues to work, the employer will not need to pay wages for unused leave.
• Consolidate the remaining leave days to the following years: The law allows employees to reach an agreement with the enterprise to combine the remaining leave days in the following years. This gives workers flexibility and allows them to make the most of their leave benefits.

3. How to track and calculate salary according to annual leave

To track and calculate annual leave salary accurately, businesses and human resources departments can use the free forms and files to calculate vacation days.

However, this method still has some disadvantages that are difficult to overcome such as: Poor security, data must be entered manually, cannot be synchronized automatically, too much data will make the spreadsheet not work smoothly. ,...

Instead, businesses can find a superior method that is still completely free, which is to use Leave tracking software and Vacation Management Viindoo Time-Off. With this software, businesses can track and calculate annual leave salary simply and still ensure accuracy with features such as:

• Manage leave for employees: Leave, unexcused leave, sick leave, maternity leave...
• Apply for leave, Create vacation schedule, Approve leave online
• Integrate with automatic payroll software calculation application

More specifically, the software is currently being used for free, with no limit on the number of users. Experience it now!

4. Answers to some questions about annual leave regulations

Viindoo Will answer some questions from readers regulations on annual leave in the next section here. From employees' rights to how to calculate the number of days off, the article will provide detailed and clear information to help readers better understand this regulation.

4.1 Is it possible to advance salary while on annual leave?

According to the provisions of the Labor Law, employees are entitled to advance salary when taking leave before the pay period. That is, when taking leave, the employee is entitled to an advance at least equal to the salary of the days off. However, it should be noted that this depends on the regulations of each company and should be carefully consulted before applying for leave.

4.2 Does annual leave increase with seniority?

According to regulations for annual leave Currently, employees will be entitled to an additional 01 day of annual leave after every 5 years of continuous working for the same employer. This brings great benefits to employees, giving them time to rest and re-energize after each work cycle.

4.3 How to calculate the number of annual leave days

Regulations on annual leave is an important part of the employment contract between the employer and the employee. This regulation determines the number of leave days an employee is entitled to in a working year.According 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 of the number of leave days is as follows:

• If the employee has worked for less than 12 months, the number of annual leave days is calculated by the formula:

Number of leave days = (Number of days of leave when working full year + number of seniority leave days (if any))/12 x number of actual working months.

• In case the employee has worked for less than a full month, that month will be counted as 1 working month if the total number of working days and paid holidays accounts for 50% of the normal working days in the month.

In addition, according to the provisions of the Labor Code, Article 114, if the employee continues to work at enterprises, agencies, organizations or units under the State, the previous working period at the This position is counted as working time. This is for the purpose of calculating additional annual leave days, ensuring benefits for employees.

Here are the annual leave regulations The latest that readers need to know to ensure their benefits and avoid problems when taking leave. Understanding and properly applying the regulations on the number of annual leave days will help employees and businesses avoid legal risks. Please always pay attention to update the latest changes to this regulation to ensure your rights. Hope this article by Viindoo will be useful to readers.

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