Are employees entitled to payment for unused annual leave?

Question:

I have been working at the company for 2 years. Last year, due to a heavy workload, I wasn’t able to take all of my 12 annual leave days. Can the company pay me in cash for the unused leave days?

Answer:

According to Article 113 of the Labor Code 2019:

• An employee who has worked for a full 12 months for an employer is entitled to annual leave with full pay according to the labor contract (usually 12 working days).
• Only in cases where the employee resigns or is laid off and has not taken annual leave or has not used up all annual leave days will the employer be required to pay cash for the unused leave days.

 Therefore: If you are still continuing to work at the company, current Vietnamese law does not require the company to pay you in cash for the unused annual leave days. You should negotiate with the company to either carry over the unused days to the following year or follow the company’s internal labor regulations.