According to the provisions of Clause 3, Article 113 of the Labor Code 2019, in case of severance, job loss, but not taking annual leave or not taking all the annual leave days, the employer shall pay wages for the unused leave days.
Thus, the problem is that based on the above provisions, in other cases, if the employee and the company have an agreement or the internal labor regulations stipulate that the employee will still be paid wages for the unused annual leave in other cases other than the 2 cases mentioned in Clause 3, Article 113 of the Labor Code 2019, is there a violation of the law?
Regarding the problem, the Ministry of Labor, War Invalids and Social Affairs responded as follows:
According to the provisions of Clause 3, Article 113 of the Labor Code 2019, in case of severance, job loss, but not taking annual leave or not taking all the annual leave days, the employer shall pay wages for the unused leave days.
According to the provisions of Clause 1, Article 4 of the 2019 Labor Code, the labor law encourages agreements that ensure employees have more favorable conditions than the provisions of the labor law.
Pursuant to the above provisions, in case an enterprise wants to create better conditions for employees in terms of income, it can agree to pay wages for the employee’s unused annual leave in addition to the cases specified in Clause 3, Article 113 of the Labor Code mentioned above.