Little things employees know about annual leave
Many employees, even though they have worked for decades, still do not know how many days off each year; When not taking enough days off, how do you calculate the salary for the days you have not taken leave, is it mandatory to take leave?
If you don’t work for 12 months, can you take annual leave?
An employee who has worked full 12 months for an employer is entitled to 12 working days off under normal conditions.
Information on the above issue, Lawyer Nguyen Anh Dung (Ho Chi Minh City Bar Association) said, Article 113 of the Labor Code 2019 stipulates that an employee who has worked for 12 months for an employer is entitled to leave. annual salary, full salary according to the labor contract.
The number of days off includes 12 working days for those who work under normal conditions; 14 working days for minor employees, disabled workers, people doing heavy, hazardous and dangerous jobs; 16 working days for people doing particularly heavy, hazardous or dangerous jobs.
When the employee has worked for less than 12 months, the number of annual leave days plus the number of additional days off according to seniority (if any), divide by 12 months, multiply by the actual number of working months in the year to calculate the number of days off. number of days off per year.
In case the employee has worked for less than a full month, if the total number of working days and paid leave days of the employee (holidays, New Year holidays, annual leave, separate leave with pay according to Article 112, Article 113, Articles 114 and 115 of the Labor Code) account for 50% of the normal working days in the month as agreed, then that month is counted as 1 working month to calculate the annual leave.
Thus, for employees who have not worked for a full year, the number of annual leave days plus the number of days off increased according to seniority (if any), divided by 12 months, multiplied by the actual number of working months in the year. years to calculate the number of annual leave days; The calculation results are rounded to the number of units, if the decimal part is greater than or equal to 0.5, then rounding up 1 unit will result in the number of annual leave days of the employee.
How to calculate the remaining annual leave when leaving work?
According to the provisions of Clause 3, Article 113 of the Labor Code 2019, if the employee has not taken annual leave or has not taken all the annual leave days, the employer shall pay wages for the untaken days in case due to job termination, job loss.
The way to calculate the remaining annual leave when leaving work is specified in Clause 3, Article 67 of Decree No. the number of annual leave days is the salary according to the labor contract of the month preceding the month the employee quits or loses his/her job.
Thus, the remaining annual leave when leaving the employee’s job is calculated by the following formula:
Employees are entitled to annual leave according to the leave schedule prescribed by the employer. In case the employee has not taken annual leave or has not taken all annual leave days because the employer cannot arrange it (according to the prescribed rest schedule) and requires the employee to work overtime on these days off. shall be paid a salary equal to at least 300% of the salary unit price or the actual salary paid for the job they are doing according to the provisions of Article 61 of the Labor Code and point c, clause 3, article 10 of Decree No. 114/2002/ Decree-CP dated December 31, 2002 of the Government.
In case the employer has arranged an annual leave schedule but the employee requests and voluntarily goes to work on these days, in addition to the salary paid for the paid leave day, the employer must only pay original salary for those working days (100% of the wage unit price or the actual salary paid for the work being done).
(According to Dan Tri)
at Blogtuan.info – Source: vietnamnet.vn – Read the original article here
