Paid leave is one of the essential benefits protected by labor laws. To exercise this right effectively, employees must understand the situations in which they are entitled to paid leave. These rights are clearly defined by law and applied in various circumstances. LawPlus provides the following information to help employees understand their rights regarding paid leave.
Table of Contents/Mục lục
1. Breaks and Rest Periods
Employers are required to provide breaks and rest periods for employees. These periods are crucial for relaxation, re-energizing, and reducing stress at work. Such regulations not only protect employees’ physical and mental health but also enhance productivity and foster a positive work environment. Employers must schedule appropriate break times based on the nature of the work and legal requirements to ensure employees’ rights.
Specific Regulations:
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Employees are entitled to breaks and lunch periods as specified in their employment contracts or company policies.
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Rest breaks typically range from 5 to 30 minutes, depending on the nature of the job, but must comply with legal regulations.
Significance:
Breaks help protect employees’ health, increase work efficiency, and allow them to perform at their best.
2. Special Leave for Female Employees
Labor laws grant special leave benefits to female employees, taking into account their biological characteristics and social roles.
Menstrual Leave:
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Female employees are entitled to a 30-minute break per day during their menstrual period, for at least three days a month.
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This support helps women feel more comfortable and productive at work.
Maternity Leave:
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Female employees are entitled to at least six months of maternity leave before and after childbirth, as stipulated in the Labor Code.
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During this period, they receive full salary and social insurance benefits according to regulations.
3. Paid Public Holidays and Personal Leave
Besides regular breaks, employees are entitled to paid leave for public holidays and special personal occasions.
Public Holidays:
Employees receive full pay on national holidays, including:
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New Year’s Day: 1 day (January 1)
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Lunar New Year: 5 days
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Victory Day: 1 day (April 30)
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International Labor Day: 1 day (May 1)
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National Day: 1 day (September 2)
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Hung Kings’ Commemoration Day: 1 day (March 10, lunar calendar)
Personal Leave:
According to Article 116 of the 2012 Labor Code:
Employees are entitled to paid personal leave in the following cases:
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Marriage: 3 days
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Child’s marriage: 1 day
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Death of a parent, spouse, or child: 3 days
Employees can take paid leave for important life events such as weddings or funerals, allowing them to balance work and personal life.
4. Sick Leave and Work-Related Injuries: Prioritizing Employee Health
If an employee falls ill or experiences a work-related injury, they have the right to take leave to recover without financial concerns.
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Sick Leave: Employees can take medical leave as prescribed by a doctor and receive social insurance benefits.
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Work-Related Injury Leave: If an injury occurs at work, employees are entitled to leave for recovery and compensation or benefits as required by law.
5. Annual Paid Leave: Essential Time for Rest and Recovery
To ensure long-term health and well-being, labor laws grant employees the right to annual paid leave.
Specific Regulations:
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Employees are entitled to 12 to 14 days of paid leave per year, depending on working conditions and tenure.
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Employees must notify their employers in advance to arrange work schedules accordingly.
6. Additional Leave for Unlawful Termination
If an employee is unlawfully dismissed, they are entitled to compensation and additional leave while searching for new employment.
Additional Benefits:
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Employees may receive compensation and retain social insurance benefits during their leave.
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This period allows employees to stabilize mentally and prepare for new job opportunities.
Understanding paid leave entitlements helps employees protect their rights and contribute effectively to their workplace. Employers must also comply with legal regulations to create a professional, transparent, and sustainable work environment.
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