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Every five years will be increased by 1 day annually leave

Mon, 03 Dec 2018 20:31:20 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – According to regulations, every five years in the sector, the number of annual leave of employees is increased by 1 day.

Mr. Luong Duy Phong (in Ho Chi Minh City) was born in 1962 and is currently working for the HCM City Department of Inspectorate and Supervision. He is a specialist with nearly 37 years of social work and social insurance (since December 1980 up to now), specifically as follows:

- From December 1980 to May 1987: Worked at the Vietnam Expert Group in Cambodia.

- From June 1987 to December 1993: Officer of the State Bank of Vietnam.

- From January 1994 to July 2000: Deputy Director of Phu Yen Jewelry and Gem Company.

- From August 2000 to September 2015: Officer of the Bank for Agriculture and Rural Development.

- From October 1, 2015 up to now: Has been worked at the Department of Inspection and Supervision of Ho Chi Minh City Bank (Department II), ranking the rank of major specialist, grade 8/8.

Mr. Phong would like to ask, how many extra annual leave days according to working seniority does he have under Article 112 of the Labor Code?

Lawyer Tran Van Toan, the Lawyer Khanh Hung - The Hanoi Bar Association answers Mr. Luong Duy Phong as follows:

Article 112 of the Labor Code provides for additional days of annual leave according to working seniority as follows: The annual leave of an employee stipulated in Clause 1, Article 111 of this Code will be increased 1 day for every 5 years’ working for an employer.

At present, the social workforce distributes in two areas, including the state and non-state sectors. Some workers change their workplace but choose to work in the public sector.

According to the lawyer, the length of time an employee works for an employer in the public sector is the total length of time that the employee works in state-owned businesses or joint-stock companies in which the State holding 51% or more of the charter capital, state-owned one-member limited liability companies; working time in State administrative agencies, State non-business units, socio-political organizations and units of the armed forces who are paid salaries from the State budget.

In the case of Mr. Luong Duy Phong, from October 1, 2015 to now working at Inspection and Supervision Department - State Bank of Vietnam, Ho Chi Minh City. So at this stage he was working in the public sector, which is considered working time for employers of State.

In order to calculate the additional annual leave according to Mr. Phong's seniority, it is necessary to determine the total time he actually works in the public sector, in other words, the total actual time spent working for an employer that be the state. According to that, every 5 years working in the state sector, the annual number of days of workers' leave as stipulated in Item 1, Article 111, of the Labor Code shall be increased by one day.

The Lawyer Khanh Hung - Hanoi Bar Association Lawyer Khanh Hung 

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

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