(Chinhphu.vn) – Mr. Luong Duy Phong (in Ho Chi Minh), born in 1962, is a principal specialist; worked at the Banking Inspection and Supervision Department of Ho Chi Minh City. Mr. Phong has a working process and paid social insurance for nearly 37 years continuously from December 1980 up to now.

Especially as follows:

- December 1980 - May 1987: Worked at the Vietnam Experts Group in Cambodia, directly under the Communist Party of Vietnam.

- June 1987 - December 1993: Being Officer of the State Bank of Phu Khanh Province.

- January 1994 - July 2000: Being Deputy Director of Phu Yen Jewelry - Gemstone Company.

- August 2000 - September 2015: Worked at branches of the Bank for Agriculture and Rural Development.

- October 1, 2015 - April 2018: Worked at the Inspection and Supervision Department of Hochiminh City Bank (Department II), appointed and ranked salary for the main specialist level, 8/8.

Mr. Phong would like to ask, how many days does the annual vacation time increase according to the length of employment under Article 112 of his Labor Code?

Lawyer Tran Van Toan, the Khanh Hung Law Office – the Hanoi Bar Association responds to Mr. Phong's question as follows:

Point a, Clause 1, Article 111 of the Labor Code stipulates, Employees who work in normal conditions, who have enough 12 months to work for an employer, are entitled to annual leave (leave) 12 working days of full pay under the labor contract.

Article 112 of the Labor Code stipulates, The annual leave of an employee as prescribed in Article 111 of this Code shall increase by 01 additional day for every 05 years of employment with the same employer. 

Currently, the social workforce is distributed in two areas: the State sector and the non-state sector. In fact, there are many workers who have changed their workplace many times, but all their jobs are in the State sector.

According to the lawyer, the time that the employee works for an employer in the State sector is the total time that the employee works in State-owned enterprises and joint-stock companies that the State holds holding 51% or more of the charter capital, the State-owned one-member limited liability companies; working time at State administrative agencies, State non-business units, socio-political organizations, armed forces units shall be paid from the State budget.

In the case of Mr. Luong Duy Phong, from October 1, 2015 to now working at the Department of Supervision and Inspection - the State Bank of Ho Chi Minh City, Mr. Phong is working in the state sector, for employers. Dynamic is the State.

In order to calculate the yearly increase in annual leave according to Mr. Phong's working age, it is necessary to specify the total time Mr. Phong has worked continuously in the State sector, for state employers, including The whole time before moving to work at the Supervision Department of the State Bank of Ho Chi Minh City.

If information about the time and place of work that Mr. Phong provided is true to his actual work history and in accordance with the personnel file kept at the agency, then the lawyer, the entire working time of Mr. Phong from December 1980 up to now (April 2018) is defined as the continuous working time in the State sector, for employers who are the State to use as a basis for calculating annual leave days.

Applying Point a, Clause 1, Article 111 and Article 112 of the Labor Code, in case of Mr. Phong whohas been working in normal and continuous conditions in the State area, for a State employer, From the 36th year of working until the end of his 40th year of working, every year in this 5-year period, Mr. Phong has 12 months of work, he will be entitled to 19 days of paid work.

          Lawyer Tran Van Toan,

The Khanh Hung Law Office – the Hanoi Bar Association