Question: For the workers who signed the apprentice contract/labor contract with the company:

In case in raining day or for special reason they can not work and the manager allow them to leave, do the company have to pay for that day?

In case the manager can arrange for their work on holiday in lieu how much the company has to pay for that working day?

Legal advice:

1.Under Vietnam Law, an employee can be entitled to the following leaves:

 – Paid Annual leave;

 – Paid personal leave such as 03 days for marriage of the employee and 01 day for the marriage of his/her child ;

– Sick leave in which wage paid by social insurance;

– Unpaid personal leave;

 – Weekend;

– Public holiday.

Then, in case in raining day or for special reason they can not work and the manager allow them to leave, such leave can be:

(i) Unpaid personal leave if the employee applies for an unpaid personal leave. In this case, the Company does not have to pay wage for that day;

(ii) Paid annual leave if the employee applies for a paid annual leave (01 employee shall have 12 annual days leave/01 year). In this case, the Company shall have to pay wage for that day;

(iii) Sick leave: In this case, the social insurance authority shall pay wage for that day if the related employee contributes the social insurance; or

(iv) Suspension of work if the Company arrange the leave without request/application from the employee. In case the suspension of work is caused by the Company, the Company shall have to pay wage for that day in full.

However, in case the suspension of work is caused by the objective reasons (not faults of the employee or employer), the company shall have to pay wage for that day and two parties can negotiate for wage for that day, provided that:

a) If the suspension does not exceed 14 working days, the salary shall not fall below the statutory minimum wages;

b) If the suspension is longer than 14 working days, the salary shall be negotiated by both parties and the salary for the first 14 days must not fall below the statutory minimum wages.

2.   In case the manager can arrange for their work on holiday in lieu, the company shall pay wage for the work done in holiday in accordance with wage applicable for over time, i.e.

a) On normal days: at least 150%;

b) On weekly days off: at least 200%;

c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.

 

 

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