Full day off of foreign workers in Vietnam. Over the past time, foreign workers have been holding an important position in overcoming the shortage of personnel. To ensure their interests, how does the law regulate the holidays of foreign workers? Let us learn about this topic with LSX law firm as follow:
According to Clause 3, Article 2 of the Labor Code 2019 (effective from January 1, 2021), foreign workers are also one of the subjects of the application of this Code. Specifically, the days off for foreign workers under the 2019 Labor Code are as follow:
13 days of public holidays are days off of foreign workers in Vietnam
Clause 1, Clause 2, Article 112 of the 2019 Labor Code stipulates the employees’ public holidays and New Year’s holidays as follows:
1. Employees are entitled to take leave from work and enjoy full salary on the following holidays and New Year holidays:
a) New Year’s Day: 01 day (January 1 of the solar calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the solar calendar);
d) International Labor Day: 01 day (May 1 of the solar calendar);
dd) National Day: 02 days (September 2 of the solar calendar and 01 day immediately before or after);
e) Hung King’s death anniversary: 01 day (March 10 of the lunar calendar).
2. Foreign employees working in Vietnam, in addition to the holidays specified in Clause 1 of this Article; are also entitled to an additional 01 day of the national traditional New Year and 01 day of the National Day of their country.
Thus, in addition to 11 days of public holidays and Tet like Vietnamese workers, every year foreign workers also have an extra day off on the traditional New Year’s Day and 01 day on the National Day of their country. In total, foreign workers are entitled to 13 public holidays and New Year holidays each year.
Minimum 12 days of leave/year if working full year for foreign workers in Vietnam
According to the provisions of Clause 1, Article 113 of the Labor Code 2019, if an employee works for full 12 months or more for an employer, entitled to annual leave and full salary for the number of days:
– 12 working days if working under normal conditions;
– 14 working days if working hard, hazardous or dangerous or working in places with harsh living conditions or underage workers or disabled people;
– 16 working days if working is particularly hard, hazardous or dangerous or working in places with particularly harsh living conditions.
In addition, for long-term employees, every 5 years of working, the employee is entitled to an extra day of rest.
In case the employee has less than 12 months of working, the annual leave time shall be calculated according to the proportion corresponding to the number of working time.
This is a general rule and there is no distinction between Vietnamese and foreign workers.
Leave your own job like a Vietnamese worker in Vietnam
Regarding the regime of private leave and unpaid leave, Article 115 of the Labor Code 2019 states:
In case the employee may take a leave of absence from work with full salary:
– Marriage: 3 days off;
– Married children: 1 day off;
– Birth father/mother, father/mother-in-law or father/mother-in-law died; spouse dies; dead child: 3 days off.
In case an employee ma take a personal leave without salary:
Grandfather/grandparent, grandparent, brother/sister died; married parent; Married siblings: 1 day off.
In addition to the above cases, the employee may agree with the employer to take unpaid leave on another day.
Similar to the annual leave regime, the separate leave regime for foreign workers coming to Vietnam to work is also applied as domestic workers.
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Related questions
In general, a holiday is a day of cultural or regulatory nature; in which normal activities postponed or reduced for various reasons. Usually, holidays set with the intention of allowing the individual to celebrate a cultural or religious significance. Holidays can be set by governments, religious organizations or other groups or organizations.
Administrative or disciplinary sanctions
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