Introduction
Annual leave is a rightful benefit for workers, helping them recharge and maintain their health. However, many people wonder if they are entitled to payment for unused annual leave as per the regulations. This article will address this question and provide detailed information based on the latest Labor Code of 2019.
Are Workers Still Paid for Unused Annual Leave? – 1 Time off for annual leave (Illustration by Tùng Nguyên).**
Main Content
1. Regulations on Annual Leave According to the 2019 Labor Code
According to Article 113 of the 2019 Labor Code, workers who have worked continuously for 12 months for an employer are entitled to paid annual leave. The duration of annual leave varies depending on the type of work and the category of labor. The categories are specified as follows:
- Workers and staff: 12 days of annual leave.
- Teachers: 15 days of annual leave.
- Workers in hazardous environments: 15 days of annual leave.
- Workers in special regions: 15 days of annual leave.
2. Situations Where Workers Have Not Used All Annual Leave Days
Previously, under Article 114 of the 2012 Labor Code, workers who had not used all their annual leave days could be compensated with cash at the beginning of the following year. However, from 2019, this regulation has been adjusted according to Clause 3 of Article 113 of the 2019 Labor Code.
2.1. Situations Where Compensation Is Allowed
Only in cases where workers resign or lose their job, will they be compensated with cash for unused annual leave days. This means that if workers are still employed but have not used all their annual leave days, they will not receive cash compensation.
2.2. Handling Unused Annual Leave Days
To avoid disadvantages, workers should plan to use all their annual leave days as stipulated. If it is not possible to use all the leave in one go, they can negotiate with their employer to divide the leave into multiple sessions throughout the year. Additionally, if workers still have unused annual leave days at the end of the year, they can negotiate with their employer to carry over these days to the next year, but no more than three years at a time.
3. Specific Scenarios
3.1. Resigning or Losing Job
In the case of workers resigning or losing their job, they will be compensated with cash for any unused annual leave days. This is carried out according to the employment contract and legal regulations.
3.2. Taking Leave for Personal Reasons
If workers take leave due to personal reasons (e.g., medical leave, study leave, maternity leave), they will not be compensated with cash for unused annual leave days. They will only enjoy this benefit if they have used all their annual leave days before leaving their job.
3.3. Annual Leave Without Pay
In some special cases, workers may be granted annual leave without pay. This usually occurs when they take leave for personal reasons or extended medical leave. In such cases, workers need to discuss and negotiate with their employer to ensure their rights.
Conclusion
Regulations regarding annual leave and compensation for unused leave have been revised in the 2019 Labor Code. Workers will only be compensated for unused annual leave days in cases of resignation or job loss. To avoid disadvantages, workers should plan to use all their annual leave days as stipulated, or negotiate with their employer to split the leave or carry it over to the next year.
Additionally, workers should be aware of their rights and regulations to ensure they receive their entitlements.
