Enterprises are entitled schedules for annual leave

Tue, 12 Jun 2018 13:39:53 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Employers have a right to make annual leave schedules after consultation with employees and inform employees in advance.

Through the receiving and responding system to recommendations of businesses, Ms. Bui Thi Minh Chau would like to request the following case:

An employee has worked 12 years and enjoyed 14 days off per year. In 2017, the employee took only 5.5 days, still had 8.5 days left. The employee wanted to take 14 or 15 days off in January, 2018 (accumulated 8.5 days in 2017 and the days of 2018), but the company did not agree because in January 2018 and accepted one day only for the employee (14 days / 12 months * 1 month = 1.16 days, equivalent to 1 day). Thus, in 2017, the employee can only take 9.5 days off. The company responded that the application of this case was based on Article 7 of the Labor Code.  

Ms. Chau would like to ask, is Article 7 applicable to all employees or only apply for new employees that have not yet worked a full year or nearly get retirement.

Regarding this issue, Department of Labor Safety - Ministry of Labor, Invalids and Social Affairs responded as follows:

Pursuant to Clause 2 and 3 of Article 111 of the Labor Code 2012, "the employer shall have the right to make annual leave after consultation with the employee and shall give notice to the employee" .

On 10 May 2013, the Government issued a Decree No. 45/2013 / ND-CP detailing some articles of the Labor Code on working time, rest time and labor safety. Article 7 of the Decree No. 45/2013 / ND-CP has stipulated the payment of unpaid days' wages and the method of calculating the number of annual leave for cases of underemployment (guiding Clause 2, Article 114 of the Code). This provision applies to all employees regardless of whether they are new or have employed for years.


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


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