The number of annual leave days with full salary of the employees is based on the working time at the company

Legal grounds:

• Labor Code 2019;
• Decree No. 145/2020/ND-CP.

We get the following questions:

I tried the company for 2 months, then I signed a labor contract. I would like to ask if my 2 months probationary period will be counted for me to take an extra 2 days leave?

Pursuant to Clauses 1 and 2, Article 113 of the Labor Code 2019 as follows:

Article 113. Annual leave

1. An employee who has worked for full 12 months for an employer shall be entitled to annual leave and full salary under the labor contract as follows:
   1. 12 working days for people doing the job in normal conditions;
   2. 14 working days for minor employees, disabled workers, people doing heavy, hazardous and dangerous occupations;
   3. 16 working days for people doing particularly heavy, hazardous or dangerous occupations.
2. Employees who work for less than 12 months for an employer, the number of annual leave days is proportional to the number of working months.

Pursuant to Article 65 of Decree No. 145/2020/ND-CP as follows:

Article 65. Time is considered working time to calculate the number of annual leave days of employees

1. The duration of vocational training or apprenticeship is specified in Article 61 of the Labor Code if, after the apprenticeship or apprenticeship period expires, the employee works for the employer.
2. Probation period if the employee continues to work for the employer after the probationary period expires.
3. The period of personal leave with pay according to Clause 1, Article 115 of the Labor Code.
4. The period of unpaid leave if agreed by the employer but not accumulated for more than 01 month in a year.
5. The time off due to a labor accident or an occupational disease, but the cumulative time must not exceed 6 months.
6. The period of leave due to illness but not accumulated for more than 02 months in a year.
7. The period of maternity leave in accordance with the law on social insurance.
8. The time to perform the tasks of the representative organization of employees at the grassroots is counted as working time in accordance with the law.
9. The time to stop working or quit is not due to the fault of the employee.
10. Time off because of being temporarily suspended from work but then it was concluded that there was no violation or no labor discipline.

According to Clauses 1 and 2, Article 113 of the Labor Code 2019 above, the number of annual leave days with full salary that an employee is entitled to is calculated according to the number of working months, regardless of the probationary period or the official working period.

Clause 2, Article 65 of Decree No. 145/2020/ND-CP also clearly states: if the employee continues to work after the probationary period, the probationary period shall be included in the total working time to determine the number of annual leave days of the employee.