Wednesday, October 12, 2022, 09:36 (GMT+7)
(Information) As much as the current time, there are solely 2 authorized instances of fee for annual depart that haven’t been taken or haven’t but taken depart for workers.
From 2022, workers who don’t take full depart can be paid or not is a query requested by many individuals.
Pursuant to the provisions of Clause 3, Article 113 of the Labor Code 2019, an worker who has labored for full 12 months for an employer shall be entitled to annual depart with full wage in keeping with the labor contract as follows:
– 12 working days for folks doing work in regular circumstances.
– 14 working days for minor workers, disabled staff, folks doing heavy, hazardous and harmful jobs.
– 16 working days for folks doing notably heavy, hazardous or harmful jobs.
In case the worker has labored for lower than 12 months for an employer, the variety of annual depart days shall be proportional to the variety of working months.
For instances the place as a consequence of severance or job loss, however haven’t taken annual depart or haven’t taken all annual depart days, the employer shall pay wages for the untaken days.
The employer is accountable for stipulating the annual depart schedule after consulting the worker and should notify the worker.
Staff can agree with the employer to take annual depart in installments or take a mixed depart of as much as 3 years at a time.
When taking annual depart with out pay interval, workers are entitled to advance wage in keeping with the provisions of Clause 3, Article 101 of this Code.
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When taking annual depart, if an worker travels by street, rail, or waterway, however the variety of journey days each going and returning is greater than 2 days, from the third day onward, he/she can be counted as additional journey time outdoors the day. annual depart and is barely counted for 1 depart per 12 months.
Thus, primarily based on Clause 3 above, there are solely 2 instances the place the legislation on fee for annual depart that has not been taken or has not been accomplished for workers is when the worker quits or loses his/her job. If the worker continues to be working on the firm or for different causes, this fee just isn’t allowed.
Nonetheless, the Labor Code 2019 nonetheless encourages companies to implement insurance policies which are extra favorable to workers, due to this fact, if companies wish to pay wages for the times that haven’t but been taken or haven’t but taken depart for his or her remaining workers, It is okay to work on the firm or for different causes.