Working for decades without leave can be ‘converted’ into money?

Reader Tran Mai Ninh (living in Tan Phu District, Ho Chi Minh City) asked: “I have worked in the media field for nearly 10 years, signed a labor contract, and participated in social insurance. Every year, I almost no annual leave, forced to work on Saturdays, Sundays and public holidays. Every time I have my own work to ask for leave, the boss is very annoyed, many times does not approve the leave. Is that right or wrong?

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.

In addition, an employee is also entitled to an additional 1 day of leave/year if he has worked for 5 years for an employer (according to Article 114 of the Labor Code).

Article 113 of the Labor Code 2019 also clearly stipulates: The employer is responsible for determining the annual leave schedule after consulting the employee and must notify the employee in advance. The employee can agree with the employer to take annual leave in installments or lump-sum leave up to once every 3 years.

Therefore, the employer when stipulating the annual leave schedule is required to consult the employee. Based on the annual leave schedule announced by the employer, the employee will arrange work to take advantage of his/her right to leave.

Employees who are working at the company do not take all the annual leave days, the law does not stipulate that they will be paid by the employer for the untaken days. Only the cases of severance or job loss without taking all annual leave days will be paid by the employer for the untaken days.

Therefore, annual leave is an employee’s right. In case employees are not allowed to take annual leave as prescribed, the employer will be fined from 10 to 20 million VND for administrative violations, according to Clause 2, Article 17 of Decree 12/2022/ND-CP.

(According to Dan Tri)

Little things employees know about annual leaveMany 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?