Cases where employees quit their jobs and receive full salary
It is not that every employee who quits their job will have their salary deducted. Some cases of annual leave and separate leave are still entitled to full salary.
According to the provisions of the 2019 Labor Code, employees are entitled to full salary when taking annual leave and in some cases taking personal leave. However, not all personal leave cases are entitled to salary.
Entitlement to full salary upon annual leave
Based on Clause 1, Article 113 of the 2019 Labor Code, employees working for 12 months for one employer are entitled to annual leave and full salary according to the labor contract.
Notably, according to Clause 5, Article 113, when taking annual leave without the pay period, employees are entitled to an advance of salary corresponding to the days off.
In case of resignation or loss of work that has not taken all annual leave days, the employee is paid salary by the employer for the days not taken.
Cases of taking leave from personal work are still entitled to salary
According to Article 115 of the 2019 Labor Code, employees are entitled to separate leave and receive full salary in the following cases:
Self-married: 3 days off.
Married biological and adopted children: 1 day off.
Biological father, mother; adoptive father, mother; father, mother of wife or husband; wife or husband; deceased biological child, adopted child: 3 days off.
In addition to the above cases, employees can take leave without pay if notified to the employer according to regulations. Some other cases may also be entitled to unpaid leave according to agreements with the employer.
Thus, workers need to clearly understand the regulations on annual leave and separate leave to ensure their salary rights, and at the same time comply with the provisions of labor law.
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