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Regulations on leave in regime ...

Question:

During the probationary period, the employee may be entitled to annual leave days not

Reply:

First: The provisions of the employee's annual leave. Article 111, Labour Law 2012 stipulates that employees have to work 12 months for an employer shall be entitled to annual leave, paid leave under labor contracts as follows: 12 working days for the job in normal conditions; Just 05 years working for an employer, the number of days of annual leave to employees under the provisions of paragraph 1 of Article 111 of this Code shall be increased respectively 01 days (Article 112 of the Labour Code in 2012). Where the employee has worked less than 12 months, the period of annual leave shall be calculated in proportion to the amount of time worked. Where does it leave to be paid in cash (Paragraph 2, Article 114 of the Labour Code).

For probationary employees, Clause 2, Article 6 of Decree 45/2013 / ND-CP detailing a number of articles of the Labor Code on working time, rest time and labor safety, sanitation workers, the probation period employees under labor contract then worked for the employer as well be considered time worked by employees for the number of days off each year. Thus, pursuant to the provisions mentioned above, during the trial, if it meets the conditions prescribed by law, the employee will be entitled to annual leave.

Second: The provisions of the law on wages paid to the employee on leave of absence. Pursuant to Article 113 Labour Code of 2012, salary advances, travel fares road annual holidays, when annual leave, workers advance an amount at least equal to the salary of the holidays. According to article 114 - LC 2012: Payment of wages not nghi.1 days. Workers from severance, lost their jobs or because of other reasons, but not annual leave or not leave out the number of days annual leave shall be paid in cash the day off yet. 2 Workers with less than 12 months of work, annual leave period is calculated in proportion to the amount of time worked. Where does it leave to be paid in cash.

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About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

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