What is paid leave? It is a question that clients often ask questions to our DFC lawyers. In fact, the problem is not so much noticeable.
What is paid leave? How many days off can I take?
Based on the article below, DFC Lawyers will clarify all the issues of wage leave regulations for readers so that readers do not encounter disputes like our other clients have encountered.
Legal grounds
- Labor Code 2012 and other guiding documents
Contents of consultation
1. What is paid leave?
*Unsymed leave is the right of the employee when the following events arise:
Grandfather, grandmother, grandfather, grandmother died; siblings; married parents; siblings are gone. At that time, the employee is allowed to take a day off and must notify the employer in advance. In addition, the employee may agree with the employer on non-paid leave without limitation of the number of days off or the grounds of leave.
In fact, the non-paid leave will have no grounds to apply if the employee is still eligible for paid leave as prescribed in Article 111 of the Labor Code 2012. Specifically, employees may be given annual leave if they work for employees for full 12 months or more. The number of days off annually will depend on how the employee is doing the job, according to which:
If the employee works under normal conditions, he/she is allowed to take 12 days annual leave.
If the employees work in difficult and dangerous conditions according to the list of these occupations as stipulated in Circular 15/2016/BLDTBXH of the Ministry of Labor, Invalids and Social Affairs may be given 14 days off. In case the jobs on the list of jobs are particularly hard, especially toxic will be given 16 days off.
The employee may agree with the employer on whether to take a one-time break or break up several times a year. In case of leave, the employer must notify the employer in advance.
2. Regulations on paid leave
2.1. Is unsymed leave covered?
According to Clause 1.7 Article 38 of Decision No. 959/QD-Social Insurance 2015 stipulated: "Employees who do not work and do not enjoy wages for 14 working days or more in the month do not pay social insurance premiums that month. This time is not counted for social insurance, except for cases of leave to enjoy maternity benefits. "I don't know.
Thus, if the employee takes leave without pay if the time of leave exceeds 14 days, both the employer and the employee will not have to participate in social insurance. At that time, the enterprise must send a notice to reduce the number of employees to the social insurance agency. Later, when the employee returns to work, he/she must announce the increase in the number of employees to the social insurance agency. In case the employee quits without pay for 14 days or less, the enterprise must still pay social insurance premiums to the employees.
2.2. Does the employer have the right to refuse the employee an unsymed leave?
According to the current labor law, the non-paid leave is not specified in detail but the Law depends on the agreement between the employee and the user. Except for cases where the employee is on leave for the reasons specified in Clause 2, Article 116, Labor Code 2012 or the employer and the employee have other agreements.
Therefore, with the exception of the above exception, the employer has the right to refuse the employee an unsymed leave. If the employee voluntarily quits without pay, there are grounds for the employee to violate the labor contract. At that time, the employer can base on the provisions of law, regulations on penalties for violations in contracts or labor rules to handle employees.
3. How many days of paid leave?
Question:Ms. Quynh Anh in Hanoi sent us a question with the following content: I am currently working for a business in Nam Tu Liem district, applied for leave without pay with my employer for 5 days due to my sister's death. However, for some personal reasons, I would like to take another 2 days off, but the employer disagrees if I leave on my own now.
Counsel: Thankyou for submitting questions about our DFC lawyers with this issue we would like to answer as follows
In accordance with the current Labor Law, the maximum number of days of non-paid leave is not specified. Except for cases of leave due to the death of grandparents, grandparents, siblings, the employees are entitled to leave without pay for up to 1 day. The rest of the cases will be based on the agreement of the employee and the employer. So in the case of Ms. Quynh Anh if she has applied for unsymed leave that the employee does not agree with, she of course will have no grounds to continue to leave. If you leave on your own, you may be sanctioned according to labor rules.
The above is the entire content of the consultation related to the issue of Ms. Quynh Anh, if you have any issues related to the issue of paid leave, please contact the free legal advice center 19006512 for the best advice.
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
