THE NEW POINTS OF THE REVISED LABOR CODE ENFORCED FROM 2021

The Labor Code 2019 comes into effect from January 1, 2021, stipulating many new points about salaries and bonuses that employees need to know to ensure their rights and benefits, specifically:

1. More days off to enjoy full salary

From 2021, according to Clause 1, Article 113, Labor Code 2019, an employee who has worked for a full 12 months for an employer will be entitled to annual leave with a full salary under the labor contract as follows:

• 12 days for people working under normal conditions;
• 14 days for a minor employee, a worker with a disability, a person doing heavy, hazardous or dangerous occupations;
• 16 days for people doing extremely heavy, hazardous or dangerous occupations.

Regarding the increase in public holidays, the employee is allowed to take leave with full salary on National Day is 02 days (currently 01 day) including September 2 and the day preceding or after.
Thus, the total number of public holidays and New Year holidays is 11 days, increasing 01 day compared to the old Labor Code.

2. Many more cases, the employee is allowed to take leave for personal issues and receive full salary

In Clause 1, Article 115 adds adoptive parents cases; if the adoptive father and adoptive mother of the spouse die, the employee is entitled to 03 days off and full salary.At the same time, make clear of “natural children” and “adopted children” get married cases, they will be entitled to 01 day off (currently, only mention about when “children” get married, they will take 01 day off); if a “natural child” or “adopted child” dies, they will be entitled to 3 days off (currently, only mention about when “children” die, they will take 3 days).

3. Not being paid on time, the employee can quit the job without notice

According to Point b, Clause 2, Article 35, Labor Code 2019, the employee has the right to unilaterally terminate the labor contract without prior notice to the employer if the salary is not paid fully or the salary is not paid on time, except for the case specified in Clause 4, Article 97 of the Labor Code 2019 (currently, 03 days’ notice is required).

4. Interest rate when calculating the compensation due to late payment of wages to employees

According to Clause 4, Article 97, Labor Code 2019, if due to force majeure event, the employer has found all remedial measures but cannot pay the salary on time, it must not be delayed more than 30 days; If the salary is delayed for 15 days or more, the employer must compensate the employee with an amount at least equal to the interest of the deferred payment calculated according to the interest rate of 01-month term deposit by the bank where the company opens the payment account at the time paying the salary.

References:
Labor Code 2019