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blue-check Regarding annual days-off to be increased based on working seniority

Official letter No. 4554/LDTBXH-PC dated October 25th, 2019 of the Ministry of Labor - Invalids and Social Affairs regarding conclusion of labor contract and annual days-off to be increased based on working seniority
Posted: 8/11/2019 8:22:44 AM | Latest updated: 18/11/2019 7:28:52 AM (GMT+7) | LuatVietnam: 4839 | Vietlaw: 433

VietlawOnline

According to Clause 2 Article 22 of the Labor Code No. 10/2012/QH13status3 , an employer shall be allowable to sign the definite labor contract twice. Then, if the labor contract is signed again, it shall become an indefinite-term labor contract.

However, if an employee singed the definite labor contract twice and stops working, for the period of time later such employee is employed again by the former employer, the employer may either sign an indefinite-term labor contract or a definite-term labor contract similar to the case of signing contract with a new employee.

Relating to annual days-off to be increased based on working seniority of an employee whose working length is more than 5 years, the Ministry of Labor - Invalids and Social Affairs assumes that the regulations at Article 112 of the Labor Code No. 10/2012/QH13status3 does not mention that 5 years’ working must be consecutive. As the result, the “5-year” number to be used as the basis for addition of one annual day-off shall be calculated based on the length of working for the same employer. This means that those who have interrupted period of working for an employer are still entitled to the regime of addition of annual day-off if their total length of working reaches at least 5 years.

Ms Phuong Thao (VietlawOnline.com)
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PublishedVietlaw's Newsletter No. 433
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