My company stipulates that if the employee has not taken full leave in 2021, the employee will be entitled to a compensatory leave until the end of the first quarter of 2022. (Diem Thuy)
However, if I take a leave of absence this month, it will affect the company’s work. So I agree with the company that the days off will be paid and the company has agreed, is it illegal or not?
Advisory lawyer
According to Clause 3, Article 113 of the Labor Code 2019 (effective from January 1, 2021), only employees who have quit their jobs or lost their jobs but have not taken annual leave or have not taken all annual leave days ( actually called annual leave) will be paid wages by the company for the unpaid days.
Thus, in case the employee has not taken the full annual leave due to other reasons, the company will not be paid the salary for the untaken days.
However, according to Clause 1, Article 4 of the 2019 Labor Code, agreements to ensure employees are encouraged to have more favorable conditions than those prescribed by the labor law.
Thus, the case where the employee and the company agree that “the company pays wages to the employee for the days that have not been taken annual leave or the number of annual leave days has not been exhausted” is not a violation of the law. perform).
Note, employees can also agree with the company on the transfer of the number of annual leave days that have not been exhausted to the next year according to the provisions of Clause 4, Article 113 of the Labor Code 2019 (employees can agree with the employer to take annual leave in installments or take a combined leave of up to 3 years at a time).
Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association
at Blogtuan.info – Source: vnexpress.net – Read the original article here
