Is there an agreement to receive salary for unused annual leave?

So, I agreed with the company that I would be paid for the days I had not taken off and the company agreed. Is that illegal?

([email protected])

Reply:

Pursuant to Clause 3, Article 113,Labor CodeIn 2019, only employees who quit their jobs or lose their jobs but have not taken their annual leave or have not taken all their annual leave days (in practice, often called annual leave) will be paid by the company for the days not taken.

Thus, in case an employee has not taken all of his/her annual leave for other reasons, the company will not pay him/her for the days not taken.

Employees can negotiate with their employers about the number of annual leave days. Photo: Diep Thanh

However, according to Clause 1, Article 4 of the 2019 Labor Code, agreements that ensure employees have more favorable conditions than those prescribed by labor laws are encouraged.

Thus, the case of employees and companiesagree"Companies paying employees for unused annual leave or unused annual leave" is not illegal (allowed).

Note, employees can also negotiate with the company to transfer the remaining annual leave to the following year according to the provisions of Clause 4, Article 113, Labor Code 2019 (employees can negotiate with the employer to take annual leave in multiple times or combine leave for a maximum of 3 years at a time).