Question: In November, I took 3 days off. When it was time to pay, the company deducted a portion of the allowance for gas, lunch, and phone calls, saying that it did not count for these 3 days. In addition, if the employee does not take all of the previous year's leave, the company will not carry it over to the following year and will not pay for the remaining days. Is this in accordance with the law?
NGUYEN HOA(Cam Giang)
Reply:
Firstly, in principle, gasoline, lunch and telephone allowances are amounts that the enterprise supports employees to perform their work. Therefore, during the time the employee is on leave (not working), he/she will not receive these allowances, unless the employee and the employer have another agreement.
Second, Clause 3, Article 113 of the 2019 Labor Code stipulates: "In case of resignation or job loss without taking annual leave or not taking all annual leave days, the employer shall pay salary for the days not taken." Thus, in case an employee has not taken all annual leave days (commonly known as annual leave) for other reasons, the company will not pay salary for the days not taken.
In addition, Clause 4, Article 113 of the 2019 Labor Code also stipulates: "Employees may agree with employers to take annual leave in multiple times or combine leave for up to 3 years at a time." Thus, if employees want to accumulate remaining annual leave to the following year, they must agree in advance. If the company does not agree, annual leave will not be accumulated.
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