Can employees use annual leave to take extra leave during Lunar New Year 2024?

A reader with email 199xx@gmail.com sent an email to  YouMe Law Firm asking: Can employees use their annual leave to take extra leave during the Lunar New Year 2024?

Jurist Nguyen Thi Thuy, YouMe Law Firm replied:
Article 113 of the Labor Code 2019 stipulates annual leave as follows:
1. Employees who have worked for 12 months for an employer are entitled to annual leave with full pay according to the labor contract as follows:
a) 12 working days for employees working in normal conditions;
b) 14 working days for underage employees, employees with disabilities, employees working in heavy, toxic, or dangerous occupations or jobs;
c) 16 working days for employees working in particularly arduous, toxic, or dangerous occupations.
2. Employees who have worked for less than 12 months for an employer shall have their annual leave days proportional to the number of months worked.
3. In case of termination or job loss without taking annual leave or not taking all of their annual leave days, the employer shall pay wages for the days not taken.
4. The employer shall be responsible for regulating the annual leave schedule after consulting with the employee and must notify the employee in advance. The employee may negotiate with the employer to take annual leave in multiple installments or combine annual leave for a maximum of 03 years at a time.
5. When taking annual leave before the salary payment date, the employee shall be paid an advance salary in accordance with the provisions of Clause 3, Article 101 of this Code.
6. When taking annual leave, if the employee travels by road, rail, or waterway and the number of days of travel for both going and returning is more than 02 days, from the 03rd day onwards, the travel time will be calculated in addition to the annual leave and will only be counted for 01 leave in the year.
7. The Government shall specify this in detail.
Thus, the employee can negotiate with the employer on the use of annual leave to take additional leave during the Lunar New Year 2024 according to the regulations cited above.

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