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The Labor Code also prescribes personal leaves which help employees to solve personal problems besides other leaves such as Tet holiday, and vacations. So how many days do employees have for personal leaves?
1. How many days do employees have for personal leaves?
In accordance with the regulations prescribed in Article 115, Labor Code 2019, the employee is entitled to fully paid personal leaves as prescribed below:
- His/her marriage
- Marriage of his/her offspring or adopted child.
Death of his/her blood parent or adoptive parent; blood parent-in-law or adoptive parent-in-law; his/her spouse; or his/her offspring or adopted child.
The death of his/her paternal or maternal grandparent or sibling, or of the marriage of his/her parent or sibling
- Marriage of his/her parents
- Marriage of his/her brothers or sisters.
- Other reasons for the acceptance of employers.
This regulation prescribes no limitation on the number of personal leaves. There is no restriction for the reasons for personal leaves such as his/her marriage, the marriage of his/her offspring, or adopted child, employees can ask for taking personal leaves if having their acceptance from the employer.
2. How long do the personal leaves take?
Pursuant to Article 5, Labor Code 2019, the number of personal leaves shall be prescribed as follows:
No. | Reasons for personal leave | Time |
1 | - His/her marriage | 3 days |
2 | - Marriage of his/her offspring or adopted child. | 1 day |
3 | Death of his/her blood parent or adoptive parent; blood parent-in-law or adoptive parent-in-law; his/her spouse; or his/her offspring or adopted child. | 3 days |
4 | The death of his/her paternal or maternal grandparent or sibling, or of the marriage of his/her parent or sibling | 01 unpaid day |
5 | - Marriage of his/her parents | 01 unpaid day |
6 | - Marriage of his/her brothers or sisters. | 01 unpaid day |
7 | - Other reasons for the acceptance of employers. | No limitation on leaves and unpaid |
3. Procedure for taking personal leaves
In accordance with Article 115, Labor Code 2019, employees must make the procedure for personal leaves as follows:
No. | Reasons for personal leave | Procedure for personal leaves |
1 | - His/her marriage - Marriage of his/her offspring or adopted child. Death of his/her blood parent or adoptive parent; blood parent-in-law or adoptive parent-in-law; his/her spouse; or his/her offspring or adopted child. The death of his/her paternal or maternal grandparent or sibling, or of the marriage of his/her parent or sibling - Marriage of his/her parents - Marriage of his/her brothers or sisters. | - Inform the employers - Forms: There are no specific regulations on the forms of personal leaves, employees can make phone calls, send messages, and emails... |
2 | - Other reasons for the acceptance of employers. | - Have an agreement between the employer and employee: Must have the acceptance from the employer - Forms: There is no specific regulations on the forms, parties can make agreements in the written forms, face to face or email... |
4. The employer does not accept the employee's personal leaves: is he/she fined?
Personal leaves are employees' rights in the working process (except for the cases required an agreement between the employer and employee).
The employer shall be imposed a fine for failing to allow the employee to take personal leave or unpaid leave as prescribed by the law provisions in accordance with Clause 1, Article 18, Decree No. 12/2022/ND-CP:
Article 18. Violations against regulations on working hours and rest time
1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed on any employer that commits one of the following acts:
a) Failing to allow the worker to take personal leave or unpaid leave as prescribed by the law provisions;
In accordance with Clause 1, Article 6, Decree 12, a fine of VND 02 million - 05 million for individuals and the fines to be imposed on organizations shall be double the fines on individuals with a fine of VND 04 million - 10 million.
If the employer violates the employee's benefit and does not allow the employee to take personal leaves, the employee can denounce the violation to the Inspectorate of the Department of Labor, Invalids and Social Affairs.
Here is the answer to the question: How many days do employees have for personal leaves?
