QUESTION:
I live in Hanoi, live in a ward with a level 3 epidemic (orange area). My hometown stipulates that people returning from orange areas must quarantine at home for 7 days. I only have 3 days of remaining annual leave, can I apply for a cumulative leave to leave early and go home to isolate myself in time to enjoy Tet?
ANSWER:
In Article 113, Article 114 of the Labor Code 2019 stipulates:
“Article 113. Annual leave
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
c) 16 working days for employees who do highly laborious, toxic or dangerous works.
2. An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.
4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in installments or combining annual leave over a maximum period of up to 03 years.
5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.
6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for annual leave in a year.
7. The Government shall elaborate on this Article.
Article 114. Increased annual leave by work seniority
The annual leave of an employee as prescribed in Clause 1 Article 113 of this Code shall increase by 01 day for every 05 years of employment with the same employer”.
According to the legal provisions cited above, the Labor Code 2019 does not provide for the accumulation of the remaining leave days to the next year. However, according to Article 113, the annual leave schedule is decided by the employer and must consult and notify the employee. Employees can agree with the employer to divide the leave into several times or to take a combined leave of up to 3 years at a time.
Thus, if you do not take all the leave days in the year, you can negotiate with the employer to switch to the next year. If agreed, you are entitled to accrued leave and full salary according to the labor contract.
If you do not accrue early leave, you can also agree with the business owner to take unpaid leave, according to Article 115 of the Labor Code 2019.
These leave plans are mutually agreed upon by the two parties, so you need to get the consent of the employer, otherwise, it will be considered as not to be present at work.
The content above is for informational purposes only, not the advice of Le Nguyen and Le Nguyen is not responsible for any case. For each specific case, please contact Le Nguyen for answers.
Best regards./.