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Employees who leave their jobs without annual leave they shall be paid with unpaid days.

Wed, 13 Sep 2017 16:17:06 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Based on the provisions of Clause 1, Article 114 of the Labor Code, laborers who leave their jobs without annual leave or who have not fully paid off the number of annual leave days shall be paid with unpaid days.

In February 1974, Ms. Truong Thi Tu (in Hai Phong City) had a decision on receiving official, signed a contract of employment and salary with a public non - business unit. Due to she still still had annual leave days in the old unit that is a joint stock company, so by the end of February 2017, Ms. Tu terminated the employment contract with the old unit. Thus, in February/2017, she was paid at two units, one was the salary paid by the new employer, one was the salary paid by the old employer. Ms. Tu asked, does she have to pay back the salary in February 2017 to the public non-business units?

Lawyer Tran Van Toan, Lawyer Khanh Hung - Hanoi Bar Association answered this issue as follows:

Ms. Truong Thi Tu, in February 2017 was decided to receive officials and contracted to work with a public non business unit, in fact Ms. Tu has been working in public non - business unit since February 2017, the receipt of salaries in that unit from February 2, 2017 is the right and not have to to return pay to the unit.

According to Ms. Tu, in fact, from February 2017, Ms.Tu hasn’t worked in the old unit (as an enterprise), but due to the rest day (annual leave) that she wasn’t taken, so by the end of February, 2017, she terminated her labor contract to receive the pay of those days.

Ms. Tu can ask the old unit to terminate the labor contract from January 31, 2017. The amount Ms. Tu received from the holiday payment does not  have to return the old unit.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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