WHAT IS THE PENALTY FOR A COMPANY THAT FAILS TO GRANT AN EMPLOYEE LEAVE FOR PERSONAL REASONS UNDER DECREE 283/2026/ND-CP?

Below is the answer to the question: “What is the penalty for a company that fails to grant an employee leave for personal reasons under Decree 283/2026/ND-CP?” Let’s explore this further with Phạm Consult!

What is the penalty for a company that fails to grant an employee leave for personal reasons under Decree 283/2026/ND-CP?

Effective September 10, 2026, a company that fails to grant an employee leave for personal reasons may be subject to a fine ranging from VND 4,000,000 to VND 10,000,000.

Pursuant to Clause 1, Article 24 of Decree 283/2026/ND-CP, it is stipulated as follows:

Violations of regulations on working hours and rest periods

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on an employer who commits any of the following acts:
2. a) Failing to grant an employee leave for personal reasons or unpaid leave as prescribed by law;
3. b) Failing to provide written notification to the Department of Home Affairs—both in the locality where overtime work is organized and where the company’s headquarters is located—regarding the organization of overtime work exceeding 200 hours up to 300 hours per year. 2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on an employer who violates legal regulations regarding weekly time off, annual leave, or public and Tet holiday leave.
4. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on an employer who commits any of the following acts:
5. a) Requiring employees to work regular hours in excess of the limits prescribed by law;
6. b) Requiring employees to work overtime without their consent, except in cases specified under Article 108 of the Labor Code.
7. Employers who fail to ensure that employees receive breaks during working hours or rest periods between shifts as required by law, or who require employees to work overtime in excess of the limits prescribed by law, shall be subject to fines according to the following scale:
8. a) From VND 5,000,000 to VND 10,000,000 for violations involving 1 to 10 employees;
9. b) From VND 10,000,000 to VND 20,000,000 for violations involving 11 to 50 employees;
10. c) From VND 20,000,000 to VND 40,000,000 for violations involving 51 to 100 employees;
11. d) From VND 40,000,000 to VND 60,000,000 for violations involving 101 to 300 employees. d) From 60,000,000 VND to 75,000,000 VND for violations involving 301 or more employees.

Note: The specified fines apply to individuals. Fines for organizations are twice the amount applicable to individuals (Clause 1, Article 17 of Decree 283/2026/ND-CP).

*The above information addresses the question: “What is the penalty for a company that fails to grant leave for personal reasons to employees, under Decree 283/2026/ND-CP?”

How are leaves for personal reasons and unpaid leave for employees currently regulated under the Labor Code?

Pursuant to Article 115 of the 2019 Labor Code, regulations regarding employee leave for personal reasons and unpaid leave are as follows:

(1) Employees are entitled to leave for personal reasons with full pay, provided they notify the employer in the following cases:

– Marriage: 03 days of leave;

– Marriage of a biological or adopted child: 01 day of leave;

– Death of a biological or adoptive parent (of the employee or their spouse), spouse, or biological or adopted child: 03 days of leave.

(2) Employees are entitled to 01 day of unpaid leave, provided they notify the employer, in the following cases: death of a paternal or maternal grandparent or a biological sibling; marriage of a parent; or marriage of a biological sibling. (3) In addition to the provisions set forth in Clauses 1 and 2 of Article 115 of the 2019 Labor Code, employees may reach an agreement with their employers to take unpaid leave.

How are the rights and obligations of employees currently stipulated?

Pursuant to Article 5 of the 2019 Labor Code, the rights and obligations of employees are currently stipulated as follows:

(1) Employees have the following rights:

– To work; to freely choose their employment, workplace, occupation, vocational training, and professional development; and to be free from discrimination, forced labor, and sexual harassment in the workplace;

– To receive a wage commensurate with their qualifications and professional skills, as agreed upon with the employer; to be provided with labor protection and to work under conditions that ensure occupational safety and hygiene; to take leave as prescribed, including paid annual leave; and to receive collective benefits;

– To establish, join, and participate in the activities of employee representative organizations, professional associations, and other organizations as permitted by law; to request and engage in dialogue, implement democratic regulations, and participate in collective bargaining with the employer; to be consulted in the workplace to protect their legitimate rights and interests; and to participate in management in accordance with the employer’s internal regulations;

– To refuse to perform work if there is a clear and imminent danger to their life or health;

– To unilaterally terminate their employment contract;

– To go on strike;

– Other rights as provided by law.

(2) Employees have the following obligations:

– To fulfill their employment contract, collective labor agreement, and other lawful agreements;

– To observe labor discipline and internal labor regulations; and to comply with the management, direction, and supervision of the employer;

– To comply with legal provisions regarding labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.