Department and industry leaders must submit leave applications 5 days in advance. Is that rigid?

According to Lam Dong Provincial People's Committee, in the past time, the unit has deployed many directive documents, rectifying working style and manners, ensuring discipline and order according to the Working Regulations of the Provincial People's Committee under Decision No. 23 dated March 9, 2022; Directive No. 07 dated April 26, 2023 on rectifying working style, strengthening discipline and administrative order,...

Lam Dong Provincial People's Committee issued a document to rectify the implementation of the Provincial People's Committee's Working Regulations on requesting leave - Photo: Le Son

However, there is still a situation where Directors/Heads of departments, branches, agencies, and units under the province have submitted their applications late, have not received approval from the Chairman of the Provincial People's Committee, and have taken leave, etc., affecting discipline and administrative order according to the Working Regulations of the Provincial People's Committee.

To overcome the above situation, and at the same time to strengthen discipline and administrative discipline in general and in taking leave in particular according to regulations, Lam Dong Provincial People's Committee requests: Directors/Heads of departments, branches, units under the province, Chairmen of People's Committees of districts and cities to strictly implement the Working Regulations of the Provincial People's Committee on rectifying working style and manners, ensuring discipline and administrative discipline.

Accordingly, Lam Dong Provincial People's Committee issued a document stipulating: Directors/Heads of agencies, units, and localities in the province who want to take leave must submit a request to the Provincial People's Committee 5 days in advance for this unit to consider and resolve. At the same time, Lam Dong Provincial People's Committee assigned the Provincial People's Committee Office to monitor, synthesize, promptly advise, remind, and criticize cases that do not comply with the working regulations of the Provincial People's Committee and instructions in documents on leave.

Immediately after this regulation was issued, many opinions said that the above regulation is only suitable for planned leave, but not completely suitable for urgent and unexpected work.

According to the 2019 Labor Code, the issue of annual leave is agreed upon between the employer and the employee. The Code does not have specific regulations on the time limit for notification of leave.

The fact that Lam Dong Provincial People's Committee has made a special request for Directors/Heads of agencies, units, Chairmen of People's Committees of districts and cities in the province to submit a leave application 5 days in advance can be considered too principled. On the other hand, the provisions of labor law are for general application, cannot be reserved or require differently for each specific position.

According to lawyer Vu Thi Thuong Thuong, Dak Lak Provincial Bar Association: “ Currently, the 2019 Labor Code and related guiding documents do not have regulations on the notice period when requesting leave. The law only stipulates the number of days off for employees . However, for convenience in management , Lam Dong Provincial People's Committee has issued a document stipulating the specific notice period when requesting leave. Accordingly , Lam Dong Provincial People's Committee requires employees to give at least 5 working days notice when taking leave .

The issuance of the above regulation by the Lam Dong Provincial People's Committee aims to rectify the request for leave of leaders of departments, branches and localities in the province and to strengthen administrative discipline and order. This is not considered a violation of the law . However, there needs to be flexibility in cases of force majeure. Adding regulations on "special and unexpected cases" will help balance management requirements and suitability with reality."

Source: https://congthuong.vn/lam-dong-lanh-dao-so-nganh-nghi-phep-phai-gui-don-truoc-5-ngay-lieu-co-cung-nhac-323645.html