Is it possible to agree on payment for unused annual leave days?

So, if I agree with the company that I will be paid for the unused days off, and the company agrees, would that be against the law?

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Reply:

According to Clause 3, Article 113,Labor CodeIn 2019, only employees who resigned or lost their jobs and had not yet taken their annual leave or had not used up all their annual leave days (commonly referred to as annual vacation) were entitled to be paid by the company for the unused leave days.

Therefore, if an employee has not used all of their annual leave days for other reasons, the company will not pay them for the unused leave days.

Employees can negotiate with their employers regarding 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 working conditions than those stipulated by labor law are encouraged.

Thus, this applies to both the employee and the company.agree"The company paying employees for unused annual leave days or remaining annual leave days" is not a violation of the law (it is permitted).

Note that employees can also agree with the company to carry over any unused annual leave days to the following year, as stipulated in Clause 4, Article 113 of the 2019 Labor Code (employees can agree with their employers to take annual leave in multiple installments or accumulate leave for up to 3 years at a time).

Hoang Huong