Workers’ Queries on Annual Leave Policies
Workers can negotiate to take annual leave in multiple shorter breaks or accumulate it for a longer break of up to three years.
Recently, employees at a prominent shoe company in Dong Nai Province raised questions about their annual leave entitlements. One worker, Ms. H.T.T.T., shared her concerns about the company’s policy, which requires employees to take one day off per month (for those with less than five years of service) without carrying over any unused leave.
According to Ms. T., this equates to 12 days of annual leave, and the current policy does not allow for these days to be accumulated for longer breaks, such as when visiting family or tending to personal matters. “This regulation has been in place for years and is part of our labor rules, but we are curious if workers have the right to accumulate and take their leave in one go,” she wondered.
Article 113 of the 2019 Labor Code provides clarity on annual leave entitlements. It states that employees who have completed 12 months of service with an employer are entitled to paid annual leave. The number of days varies depending on the nature of the work and the employee’s tenure:
- 12 working days for employees in regular working conditions
- 14 working days for underage workers, disabled workers, or those engaged in arduous, hazardous, or dangerous jobs
- 16 working days for employees in especially arduous, hazardous, or dangerous jobs
Pro-rata leave is granted to employees who have worked for less than 12 months, and for every five years of service with the same employer, employees gain an additional day of annual leave.
The Labor Code also stipulates that employers must consult with their employees when setting annual leave schedules and provide advance notice. Importantly, workers have the right to negotiate and choose to take their annual leave in multiple shorter breaks or accumulate it for a longer break of up to three years.
This means that employees can discuss and agree with their employers on how they wish to utilize their annual leave. However, the decision to grant accumulated leave ultimately rests with the employer. If agreed upon, employees can take multiple days off at once, even opting to take all their annual leave in one go, for up to three years’ worth of accumulated leave, while still receiving their regular pay during these days off.
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