Tiếng Việt
中文 (中国)
The provision of marriage leave for employees is one of the crucial regulations in Vietnam’s legal system aimed at protecting and promoting the rights and balance between work and family life. This is not only an important policy to encourage marriage but also a significant step in building a positive and humane working environment.
Recognizing the importance of marriage for family and community stability, Vietnam’s legal system has introduced special support policies for employees during this period. This not only helps them have more time to care for and build a happy family but also creates favorable conditions for the sustainable development of society.
This article will delve into the specific regulations in Vietnam’s legal system regarding marriage leave, reflecting the positive impacts that these policies have on both employees and society.
Regulations on Marriage Leave
According to Article 115, Clause 1 of the 2019 Labor Code, employees who get married are entitled to a 3-day leave with full pay, provided they notify the employer in advance.
However, the requirement is only notification, and if the employer makes it difficult or refuses to grant the employee leave, the employee can still take marriage leave without the need to change the initial plan. In such cases, the employer may face penalties for not ensuring the employee’s scheduled leave.
In situations where unexpected events related to the marriage arise, leading to the need for extended leave, employees can negotiate with the employer to combine marriage leave with annual leave. The consolidation of leave is governed by Article 113, Clause 4 of the 2019 Labor Code, allowing employees to agree with the employer to take annual leave in installments or consolidate it for up to three years at a time.
If the allocated leave days are exhausted, employees may negotiate with the employer to take unpaid leave. If prolonged leave affects work progress, employees may need to coordinate with colleagues to ensure the completion of their tasks before or after the marriage period.
These agreements are not explicitly regulated by the Labor Code and are not prohibited by law. Therefore, the validity of such agreements depends entirely on the terms agreed upon between the employee and the employer, as well as the will of both parties.
Related Leave Days
Several other leave policies related to employees getting married are specified in the 2019 Labor Code, including:
- Birth or adoption of a child when married: 1 paid day off.
- Marriage of father or mother; siblings getting married: 1 unpaid day off.
Failure to grant the 3-day marriage leave or not paying the full salary for those days may result in administrative penalties in the field of labor.
According to Article 18, Clause 1 of Decree 12/2022/ND-CP, employers may be fined from 2 to 5 million VND for not ensuring employees’ separate leave or leave without pay as stipulated by law.
Under Clause 2 of Article 17 of Decree 12/2022/ND-CP, employers violating these regulations may be fined from 5 to 10 million VND for not paying the full salary for 1 to 10 employees.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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