In what cases are employees allowed to take personal leave with full pay?

Please let me ask in which cases can an employee take personal leave and still receive full pay? - Reader Thanh Thao

Những trường hợp nào người lao động được nghỉ việc riêng vẫn hưởng nguyên lương?

What rights do workers have?

According to Clause 1, Article 5 of the 2019 Labor Code, employees have the following rights:

- Work; freely choose work, workplace, occupation, vocational training, improve professional qualifications; not be discriminated against, forced labor, or sexually harassed at work;

- Receive salary appropriate to qualifications and professional skills based on agreement with employer; receive labor protection, work in conditions ensuring labor safety and hygiene; take leave according to regime, take annual leave with pay and enjoy collective benefits;

- Establish, join and operate in organizations representing employees, professional organizations and other organizations in accordance with the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with employers and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the employer's regulations;

- Refuse to work if there is a clear risk that directly threatens life or health during the performance of the work;

- Unilateral termination of employment contract;

- Strike;

- Other rights as prescribed by law.

In what cases can employees take personal leave with full pay?

Article 115, Clause 1 of the 2019 Labor Code stipulates that employees are entitled to personal leave with full pay in the following cases:

- Marriage: 03 days off;

- Biological or adopted child gets married: 1 day off;

- Biological father, biological mother, adoptive father, adoptive mother; biological father, biological mother, adoptive father, adoptive mother of wife or husband; wife or husband; biological child, adopted child dies: 03 days off.

In addition, Article 115 of the 2019 Labor Code also stipulates that employees are entitled to 01 day of unpaid leave and must notify the employer when their paternal or maternal grandparents, siblings, or siblings die; their father or mother gets married; or their siblings get married.

In addition to the above provisions, employees may negotiate with their employers to take unpaid leave.

Are employees entitled to an advance on salary when on leave?

According to Clause 5, Article 113 of the 2019 Labor Code, when taking annual leave before the salary payment date, employees are entitled to an advance payment of salary according to regulations.

Accordingly, Article 101 of the 2019 Labor Code stipulates salary advances as follows:

- Employees are given an advance on their salary according to conditions agreed upon by both parties and without interest.

- The employer must give the employee an advance payment of salary corresponding to the number of days the employee is temporarily off work to perform civic duties for 01 week or more, but not exceeding 01 month's salary according to the labor contract and the employee must repay the advance payment.

Employees who are enlisted in the military under the provisions of the Law on Military Service are not entitled to salary advances.

- When taking annual leave, employees are given an advance payment of at least equal to the salary for the days off.

Thus, according to the above regulations, employees are entitled to an advance payment of salary when taking leave under conditions agreed upon by both parties and without interest, with an amount at least equal to the salary for the days off.

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