Question: I work at a public service unit (group 2). The civil servants and employees of my agency are entitled to leave, but due to work requirements, we do not take leave. So, are we paid for that leave?
NGUYEN HOANG(Kinh Mon)
Reply:
At Point b, Clause 2, Article 2 of Circular No. 141/2011/TT-BTC dated October 20, 2011 of the Minister of Finance stipulating the regime of payment of annual leave allowance for cadres, civil servants, and contract workers working in state agencies and public service units, it stipulates cases where allowances are paid due to work requirements, agencies and units cannot arrange time for cadres and civil servants to take leave, including:
For cadres and civil servants working at agencies and units that are eligible for annual leave, the agency or unit must be responsible for arranging work and time for cadres and civil servants to take leave according to regulations; in cases where due to work requirements it is not possible to arrange leave for cadres and civil servants or to arrange insufficient leave days according to regulations, the agency or unit shall decide on the payment of allowances to cadres and civil servants for days not taken on annual leave.
If an officer or civil servant has been arranged by his/her agency or unit for vacation time according to regulations but does not have a need for vacation, he/she will not be paid compensation for the days of annual leave not taken.
Based on actual working conditions, agencies and units are responsible for specifying in internal spending regulations the cases in which allowances are paid for unused annual leave days.
On November 20, 2019, the National Assembly passed the 2019 Labor Code, and the Government issued Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations, including regulations on annual leave.
Therefore, you need to base on the above regulations to implement.
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