Can companies deduct compensatory weekly days off for holidays from annual leaves? -

Prevailing law stipulates that an employee is entitled to at least twenty-four consecutive hours of day off per week. In case the employee has to work continuously in light of the attributes of career or special reasons, the employee is still guaranteed to have at least four days off per month.

Regarding the specific weekly days off, the employer has the right to decide to arrange the rest day to be on Sunday or another determined day of the week but must be recorded in the labor regulations.

In case, if the weekly days off coincides with a public holiday or New Year according to the Labor Law, the employee is entitled to have compensatory leaves on the next working days.

II. Provision on yearly days off

According to the prevailing law, employee who has worked for full 12 months for an employer is entitled to annual leave with full salary according to labor contracts as follows:

a) 12 working days for employees who work in normal working conditions;

III. Provisions on public holidays

The prevailing law stipulates public holidays and the number of days in detail as follows:

“a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar)

b) Lunar New Year Holidays: 05 days

c) Victory Day: 01 day (the 30th of April of the Gregorian calendar)

d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar)

đ) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day)

e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar)”

IV. What should companies do when they have weekly days off different from Saturday and Sunday during the upcoming Hung Kings Anniversary, April 30 and May 1??

Currently, most businesses stipulate that the weekly days off is two days (Saturday and Sunday) or one day (Saturday or Sunday). This will affect the number of days off in the upcoming Hung Kings Anniversary, April 30 and May 1. However, this problem is resolved as follows:

+ For companies with weekly days off on Saturday and Sunday, employees will be entitled to make up for the rest of the week on the next working day (May 2 and 3). The total number of days off is 5 days.

+ For companies that have weekly days off on Saturday or Sunday, employees will be compensated for the weekly rest day on the next working day (May 2). The total number of days off is 4 days.

+ For companies that do not implement a fixed schedule of two days off as Saturday and Sunday but another day of the week, employees are only entitled to 3 holidays as prescribed. However, taking only 3 days off will sometimes not satisfy the needs of employees, or the operating situation of the business. Companies can stipulate the extra vacation schedule to suit the needs and plans of the two parties. In this case, there are some businesses that will agree and notify the employer about deducting the remaining days of leave from the annual leave, so that the employee has full 5 days off.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Labor Law.

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