Do employees have to give notice when taking leave?

The 2019 Labor Code does not have regulations on notice period when requesting leave.

However, Clause 4, Article 113 of the Labor Code stipulates that employers are responsible for regulating annual leave schedules after consulting with employees and must notify employees in advance.

Accordingly, employees will have a specific annual leave schedule decided by the employer. On the day of leave recorded in the annual leave schedule, employees are entitled to take leave without prior notice.

In case the employee wants to take leave with more flexible time, he/she can negotiate with the employer.

To facilitate the employer in arranging to take over the job of the employee on leave, the employee must notify the employer in advance. The amount of notice depends on the agreement between the parties, with no limit on the number of days of notice.

Clause 4, Article 113 of the Labor Code states that employees can negotiate with employers to take annual leave in multiple installments or combine leave for up to 3 years at a time.

Accordingly, the law does not limit the number of days off for each leave. However, the total leave time of each leave in a year must not exceed the number of days off prescribed in Article 113 of the Labor Code.

Specifically, employees who have worked for 12 months are entitled to 12 working days off per year if they work under normal conditions. Employees are entitled to 14 working days off per year if they are minors, disabled, or do heavy, toxic, or dangerous work.

In addition, employees are also entitled to 16 working days off per year if they work in particularly arduous, toxic, or dangerous jobs.

In addition, senior employees also get longer vacations because for every 5 years of work, employees will get an additional day of vacation.

Employees who have worked for less than 12 months are entitled to a number of days off in proportion to the number of months worked.

In addition, employers are responsible for implementing the regulations on annual leave in the Labor Code, allowing employees to take leave according to the prescribed time.

In case of not allowing employees to take annual leave, the employer will be administratively fined from 10 to 20 million VND for violating the provisions of the law on weekly leave or annual leave or holidays and Tet according to Clause 2, Article 18 of Decree 12/2022/ND-CP.

For employers who are organizations, the fine will double from 20 to 40 million VND according to Clause 1, Article 6 of Decree 12/2022/ND-CP.

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