Leave and annual leave regime of the People's Public Security-Văn Phòng Luật Sư Trương Quyền

Currently, based on the provisions of the 2019 Labor Code, vacation and annual leave are understood as the day when the employee does not have to perform labor obligations according to the labor contract that both parties have signed. signed for 1 year of working at a business, company or organization or unit (collectively referred to as the Employer)

1. Leave and annual leave regime of How is the People's Police understood?

Pursuant to the provisions of Article 3 of the Law on the People's Public Security 2018, the People's Public Security is understood as the People's Armed Forces core to the issue of performing the tasks of protecting social safety and national security. participate, ensure order, fight to prevent and fight crime and fight and prevent violations of laws on order, social safety, and national security.

From the above analysis, it can be understood that the People's Public Security's vacation and annual leave regime is the day when the People's Public Security force has a day off and does not have to perform the task of protecting social safety and security. nation, ensuring order, fighting crime and fighting and preventing violations of laws on order, social safety, and national security.

2. Leave and annual leave regime of the People's Public Security:

Pursuant to the provisions of Article 40 of the Law on the People's Public Security 2018 on Rest regimes for officers, non-commissioned officers, soldiers and police workers as follows:

– For soldiers, officers, non-commissioned officers and police workers on duty, they are entitled to rest according to the provisions of the Labor Code and are entitled to rest according to the regulations of the Minister of Public Security.

- In addition, for non-commissioned officers and officers serving under professional regimes and police workers, due to duty requirements, non-commissioned officers and officers are not given annual leave, according to regulations, the same is true. With the same salary as prescribed, an additional amount equal to salary is also paid for non-holiday days.

Accordingly:

2.1. Number of days off and annual leave of the People's Public Security according to regulations:

Pursuant to Article 113 of the 2019 Labor Code, it regulates the number of days off and annual leave of the People's Police, specifically:

The first,Employees who work for a full 12 months for an employer are entitled to annual leave with full salary according to the labor contract as follows:

+ For people doing extremely heavy, dangerous, and toxic jobs, it is 16 working days;

+ For minor workers, workers who work in heavy, hazardous, dangerous jobs, or workers with disabilities, it will be 14 working days;

+ For people doing work under normal conditions, it is 12 working days;

At the same time, according to the provisions of Article 65 of Decree 145/2020/ND-CP, the time considered working time to calculate the number of annual leave days of employees includes:

– If after the end of the vocational training period, the employee works for the employer, it will be counted as the vocational training period according to the provisions of Article 61 of the Labor Code.

– If the employee continues to work for the employer after the probationary period ends, it will be counted as a probationary period.

– Paid personal leave time according to Clause 1, Article 115 of the Labor Code. Specifically, in case the employee is allowed to take personal leave while still receiving full salary and must notify the employer in the following cases:

+ 3 days off in case of marriage;

+ 1 day off for biological and adopted children getting married;

+ 03 days off for the biological father, biological mother, adoptive father, adoptive mother of the spouse; biological father, biological mother, adoptive father, adoptive mother; wife or husband; biological and adopted children die;

– Time off due to illness, however, must not accumulate more than 02 months in a year.

– Unpaid leave period in case the employee is approved by the employer but must not accumulate more than 01 months in a year.

– Time off due to occupational diseases or labor accidents but cumulatively must not exceed 6 months.

– The time the employee performs the tasks of the employee representative organization at the facility is counted as working time according to the provisions of law.

– Time off work, time off work not due to the employee's fault.

– Time off due to temporary suspension from work but later concluded that there was no violation or labor disciplinary action.

– Maternity leave period according to the law on social insurance.

Monday, The number of annual leave days will be applied proportionally to the number of months worked in cases where the employee works less than 12 months for an employer.

2.2. Time off and annual leave of the People's Public Security:

Pursuant to the provisions in Clause 4, Clause 5 and Clause 6, Article 113 of the 2019 Labor Code, the time of leave and annual leave of the People's Public Security is the following time:

– The employer is responsible for regulating the annual leave schedule after consulting with the employee. At the same time, according to regulations, employers need to notify employees in advance.

The law stipulates that employees can agree with the employer to take a maximum of 03 years at a time or to take annual leave in several installments.

– In case the employee takes annual leave and travels by waterway, road, or railway and the number of days on the road both there and back is more than 02 days, according to regulations from the 3rd day onwards an additional calculation will be made. Travel time outside of annual leave days, note that this only counts for 01 leave per year.

At the same time, Article 114 of the 2019 Labor Code also stipulates that annual leave days increase according to working seniority. Accordingly, for every 5 years of working for an employer, the employee's number of annual leave days mentioned in section 2.1 above will be increased by 1 day.

3. Calculating vacation days and annual leave of the People's Public Security in some special cases:

Pursuant to the provisions of Article 66 of the 2019 Labor Code, it stipulates how to calculate annual leave in some special cases as follows:

Firstly, for cases where the number of annual leave days of employees working for less than 12 months as prescribed in Clause 2, Article 113 of the Labor Code is calculated as follows:

Annual leave days will be equal to the number of annual leave days plus the increased number of days off based on seniority (if any), divided by 12 months and multiplied by the number of actual working months in the year to calculate the number of annual leave days. year.

Second, in case the employee continues to work at organizations, agencies, and units in the state sector and state-owned enterprises, the entire time the employee works at the organizations and units , public sector agencies and state-owned enterprises according to the provisions of law will be counted as working time to calculate the additional annual leave as prescribed in Article 114 of the 2019 Labor Code.

Third, for cases where employees work for less than a full month:

If the employee has a total number of working days and paid leave days including annual leave, paid personal leave, and holidays according to Article 112, Article 113, Article 114 and Article 114, 115 of the Labor Code that accounts for 50% or more of the normal working days in the month as agreed, then that month according to regulations will be counted as 01 working month to calculate annual leave.

4. How to calculate train fares, wages for time spent on the road by the People's Public Security force, and annual leave wages:

Pursuant to the provisions of Article 67 of Decree 145/2020/ND-CP, transportation fees, salaries during the time the People's Public Security force is on the road, annual leave salary and other paid holidays will is calculated as follows:

– Salary is the basis for paying employees for holidays, New Year, annual leave, and paid personal leave according to Article 112, Clause 1 and Clause 2, Article 113, Article 114, Clause 1, Article 115 of the Code Labor in 2019 will be the salary according to the labor contract at the time the employee takes annual leave or paid personal leave.

– Train fares, wages for days on the road in addition to annual leave days in case the employee travels by road, rail, or waterway and the number of days on the road both there and back is more than 02 days, then from the date From Tuesday onwards, travel time is counted in addition to annual leave and is only counted for 01 leave per year (Clause 6, Article 113 of the Labor Code), which will be agreed upon by both parties.

– Salary as a basis for paying employees for days of annual leave not yet taken or all annual leave days in case the employee has not taken annual leave or not taken all the days of annual leave due to resignation or loss of job. On annual leave days, the employer will pay the salary for the days not taken off (Clause 3, Article 113 of the 2019 Labor Code) which will be the salary according to the labor contract of the month preceding the month of the employee. lost jobs, workers quit their jobs.