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Calculation of annual leave daysfor employees in case of work transition

Thu, 07 Mar 2019 10:36:11 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Mr. Bui Van Hung (in Hanoi) participated in the work since January 1992. In January 2015, he moved to work at the City Blind Association. He would like to ask, has the time for taking annual leave been calculated from 1992 or calculated from the transition time to a new office?

Lawyer Tran Van Toan, the Khanh Hung Lawyer’s Office –The Hanoi Bar Association responds this issue as follows:

Clause 1, Article 111 of the Labor Code, n employee who has been working for an employer for full 12 months is entitled a fully paid annual leave as stated in his/her labor contract as follows: Twelve working days for an employee working in normal conditions;

 Article 112 of this Code has provided, 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.

In case Mr. Bui Van Hung participated in the work from January 1992, but he did not specify which agencies, organizations and businesses had he worked for,. In January 2015, he moved to work at the Hanoi Blind Association.

According to the Charter of the Vietnam Blind Association, the Association is a special social organization. The Association organized at the province that are under the central government (collectively referred to as the province), districts, towns and cities directly under the province (collectively referred to as districts).

Offices at all levels are organized at the central and provincial levels. At the Central Association, there are professional departments and divisions to help the Board of Directors to implement. In the provincial association, depending on specific conditions, specialized departments and sections may be established. In terms of personnel, the Associations have bright officers and blind officers do professional work.

Comparing the provisions in Paragraph 1, Article 111 and Article 112 of the Labor Code, the time for calculating annual leave days (often called annual leave days) is based on the time the employee work for an employer. Therefore, if before moving to the Blind Association of the City, Mr. Hung worked at the Central Association of the Blind of Vietnam, then the working time there was added to the working time at City Blind Association to calculate annual leave days.

In case, before moving to the City Blind Association, Mr. Hung had worked at agencies and organizations not belonging to the Central Association of the Blind of Vietnam, the time to serve as the basis for Mr. Hung's annual leave calculated since he worked for the City Blind Association (January 2015).

Lawyer Tran Van Toan,

the Khanh Hung Lawyer’s Office – The Hanoi Bar Association

 

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

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