Annual leave regime for civil servants in 2023

How is the annual leave regime for civil servants regulated and is it different from the annual leave regime for employees?

Chế độ nghỉ phép năm của công chức năm 2023

Annual leave regime for civil servants in 2023

According to Article 13 of the Law on Cadres and Civil Servants 2008, the rights of cadres and civil servants to rest are stipulated as follows:

Officials and civil servants are entitled to annual leave, holidays, and leave to handle personal matters in accordance with the provisions of labor law.

In case, due to job requirements, cadres and civil servants do not use or do not use up all of their annual leave days, in addition to their salary, they will be paid an additional amount equal to their salary for the days they do not take off.

Currently, regulations on annual leave are stipulated in the 2019 Labor Code. Therefore, the annual leave regime of civil servants will be implemented according to the 2019 Labor Code.

Specifically, Clause 1, Article 113 of the 2019 Labor Code stipulates annual leave as follows:

“ Article 113. Annual leave

1. Employees who have worked for 12 months for an employer are entitled to annual leave with full pay according to the labor contract as follows:

a) 12 working days for employees working under normal conditions;

b) 14 working days for underage workers, disabled workers, workers in arduous, toxic or dangerous jobs;

c) 16 working days for people doing especially arduous, toxic or dangerous jobs.

…”

Thus, if you work for 12 months, you will be entitled to annual leave with full pay as follows:

+ Normal conditions: 12 working days.

+ Disabled people, people doing heavy, toxic or dangerous jobs or occupations: 14 days.

+ Doing especially heavy, toxic, or dangerous work or occupation: 16 days.

In case of working less than 12 months, annual leave is given in proportion to the number of months worked.

For every 5 years of work, civil servants and public employees have 1 more day of annual leave (Article 114 of the 2019 Labor Code).

Annual leave regime for civil servants in case of unexpired leave

Article 13 of the Law on Cadres and Civil Servants 2008 also stipulates: In case, due to job requirements, cadres and civil servants do not use or do not use up all of their annual leave days, in addition to their salary, they will be paid an additional amount equal to their salary for the days they do not take off.

(Meanwhile, Article 113 of the 2019 Labor Code only stipulates: In case of quitting or losing a job but not taking annual leave or not taking all the annual leave days, the employer shall pay salary for the days not taken).

At point b, clause 2, Article 5 of Circular 141/2011/TT-BTC, payment of annual leave in the above case must satisfy the following conditions:

- Have leave application.

- The head of the agency or unit directly managing the agency or unit confirms: Due to work requirements, it is not possible to arrange vacation time or not to arrange enough annual leave days for civil servants.

The payment level for civil servants in this case is specified in the agency's internal spending regulations but must not exceed the overtime pay on Saturdays and Sundays.

Currently, according to Article 98 of the 2019 Labor Code, overtime pay is as follows:

- Saturday and Sunday are weekly days off: Overtime pay is 200%.

- Saturday, Sunday coinciding with holidays, Tet: Overtime pay is 300%.

When do civil servants on annual leave receive travel allowance?

According to Article 2 of Circular 141/2011/TT-BTC, civil servants in the following cases will be paid for transportation and travel allowances when taking annual leave:

- Cadres and civil servants who are from the lowlands working in mountainous, remote, border and island areas with a regional allowance coefficient of 0.5 or higher are eligible for annual leave and are approved by the head of the agency or unit to issue a leave certificate to visit their family, parents, spouse, children or hometown.

- Officials and civil servants working in the remaining regions who are eligible for annual leave, are approved by the head of the agency, agency or unit to issue a leave certificate to visit their sick or deceased spouse, children, parents (both husband and wife's side).

Source