Labor rights when working for a company for a long time
1. Increase the number of annual leave days:
Pursuant to Article 114 of the 2019 Labor Code, annual leave days increase according to working seniority. According to this regulation, for every full 05 years of working for an employer, an employee will have the number of annual leave days. of the employee will be increased by 1 day. Therefore, the longer an employee works for a company/business, the more days off they have each year.
According to the law on annual leave in Article 113 of the 2019 Labor Code, employees who work for a full 12 months for an employer are entitled to annual leave and full salary according to the labor contract. The employee's annual leave day (often called annual leave), the annual leave day is specifically regulated as follows:
– Employees are entitled to 12 working days off for employees doing work under normal conditions;
– Employees are entitled to 14 working days off for employees who are minors, employees who are disabled, employees who are in occupations or jobs that are heavy, toxic, or dangerous (occupations, jobs, etc.). heavy, hazardous and dangerous work issued by the Ministry of Labor, War Invalids and Social Affairs);
– Employees are entitled to 16 working days off for employees working in professions or jobs that are particularly heavy, toxic, or dangerous (occupations and jobs that are particularly heavy, toxic, and dangerous are determined by the Ministry of Labor). issued by War Invalids and Social Affairs);
Accordingly, for every 5 years an employee works for an employer, the number of annual leave days and full salary according to the labor contract is calculated as follows:
– Employees are entitled to 13 working days off for those working under normal conditions;
– Employees are entitled to 15 working days off for minor employees, disabled employees, and people doing heavy, toxic, and dangerous jobs;
– Employees are entitled to 17 working days off for those doing particularly heavy, toxic, and dangerous jobs.
For example, Mr. Nguyen Van A has worked for X LLC for 15 years, so the number of annual leave days with full salary according to Mr. A's labor contract is calculated as:
+ 12 + (15:5) = 15 working days if Mr. A works under normal conditions;
+ 14 + (15:5) = 17 working days if Mr. A is a disabled worker, someone who does heavy, toxic, or dangerous work;
+ 16 + (15:5) = 19 working days if Mr. A works in a profession or job that is particularly heavy, toxic, and dangerous.
2. Enjoy more benefits when signing an indefinite-term labor contract:
When an employee works for a company for a long time, he or she will have the opportunity to sign an indefinite-term labor contract (if the employee is signing a definite-term labor contract), because:
According to current labor laws, there are only two types of contracts: indefinite-term contracts (understood as contracts in which the two parties do not determine the term or termination date). force of contract) and fixed-term labor contract (understood as a contract in which both parties determine the term). When an employee participates in labor at an enterprise, the employee and the employer can sign a labor contract with an indefinite term. Otherwise, the two parties can sign a fixed-term labor contract, but the maximum duration of this type of contract is 36 months from the effective date of the fixed-term contract and can only be signed. 01 additional contract with a fixed term of not more than 36 months. Accordingly, employees and employers can only sign definite-term labor contracts with each other for a maximum of 6 years. By the 7th year, if the employee and the employer still want to continue working together, they are required to sign an indefinite-term labor contract.
Therefore, the employee who is signing a fixed-term labor contract with the employer and the longer they work for the company, will be able to sign an indefinite-term labor contract. Signing an indefinite-term labor contract will bring employees many benefits, such as:
2.1. When the employer unilaterally terminates the labor contract:
Article 36 of the 2019 Labor Code stipulates the right to unilaterally terminate the labor contract of the employer. This article stipulates one of the cases in which the employer has the right to unilaterally terminate the labor contract. for employees is when the employee has been treated for illness or accident for 12 consecutive months for employees working under an indefinite term labor contract or has been treated for 6 consecutive months for employees. Employees working under a fixed-term labor contract with a term from 12 months to 36 months or more than half the term of the labor contract for employees working under a fixed-term labor contract term of less than 12 months but the ability to work has not recovered. Accordingly, it can be seen that the basis for the employer to have the right to unilaterally terminate the labor contract with the employee is when the employee leaves work due to being sick for too long (12 consecutive months for the employee). employees working under an indefinite-term labor contract or have been treated for 06 consecutive months for employees working under a definite-term labor contract). Therefore, the benefit for employees when signing an indefinite-term labor contract is that the company will not unilaterally terminate the contract if they are on sick leave for long-term treatment. is less than 12 months, and for fixed-term contracts, if you take sick leave for treatment for 6 consecutive months, the company may unilaterally terminate the labor contract.
2.2. Job stability:
If a fixed-term labor contract will expire (expire) when the labor contract expires, the employer may not sign a further labor contract with the employee, then Workers do not have a stable job, it takes time and effort to find a new job. But if the labor contract has an indefinite term, the employee will have a stable job if the employee does not want to change the working environment, because then the employer can only terminate the contract. If the labor contract with the employee meets the provisions of law, if the contract is terminated illegally, the employee must be compensated in accordance with the provisions of law.
3. Receive salary increase, promotion, allowances and subsidies:
Article 103 of the 2019 Labor Code regulates the regime of salary increase, promotion, allowances, and subsidies. This Article regulates the regime of salary increase, promotion, allowances, subsidies and incentive regimes for employees. Labor is agreed upon in the labor contract, collective labor agreement or according to the employer's regulations. Although the law does not specifically stipulate when and how much time an employee works at the enterprise, they will receive salary increases, promotions, allowances, and subsidies, this issue will be decided by the enterprise itself. determined through agreements in the labor contract, collective labor agreement or according to the regulations of the employer. But from the reality of businesses, it has been shown that in order to motivate and encourage workers, to retain talented and experienced people, businesses will make regulations in their working regulations on working conditions. conditions to receive salary increases, promotions, allowances, and subsidies. And in most businesses, the indispensable condition for evaluation in considering salary increases, promotions, allowances, and subsidies is the employee's seniority. Therefore, when employees work for a company for a long time, their chances of being considered for salary increases, promotions, allowances, and subsidies are higher.
Legal documents used in the article:
– Labor Code 2019.