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Will the leave be deducted from fuel allowance, lunch?

In April, I take 3 days off. During the pay period, the company deducts a part of the allowance for petrol, lunch and phone calls with the reason “not counted” for these 3 days (Pham Quynh)

In addition, if the previous year’s leave does not expire, the company does not carry over to the following year for the employee and does not pay wages for these remaining leave days. Is this in accordance with the law?

Advisory lawyer

Firstly, in principle, allowances for petrol, lunch and telephone are the support for employees to perform work.

Therefore, during the period of leave (not working) the employee will not be entitled to this allowance, unless otherwise agreed by the employee and the employer.

Second, Clause 3, Article 113 of the Labor Code 2019 stipulates: “In case of severance or job loss, but have not taken annual leave or have not taken all annual leave days, the employer will not be paid by the employer. pay wages for the days not taken off”. Thus, in case the employee has not taken the full annual leave (actually called annual leave) for other reasons, the company will not be paid wages for the unpaid days.

Clause 4, Article 113 of the Labor Code 2019 stipulates: “Employees may agree with the employer to take annual leave in installments or lump-sum leave for up to 3 years at a time”. Thus, employees who want to accumulate the remaining annual leave to the following year must agree in advance. If the company does not agree, the annual leave will not be accrued.

Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association

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