Workers living far from home are often disadvantaged in terms of time to move back to their hometown, leading to the fact that the actual time off is less than annual leave. So, in this case, do the workers away from home enjoy any additional benefits compared to the rest of the workers? We invite you to follow the article below.
- Extra travel time is included in annual leave
Pursuant to the provisions of Clause 4, Article 111 of the Labor Code 2012:
“Article 111. Annual leave
…
- When taking annual leave, if an employee travels by road, rail, or waterway, and the number of days traveling by road is more than 2 days, from the 3rd day onward, he/she will be counted as extra travel time. annual leave and is only counted for 1 time off in a year.”
Thus, travel time is added to annual leave if the following conditions are met:
– Firstly, employees must travel by road, rail, and waterway on both the way to and from when taking annual leave.
So if employees travel by plane, they will not be eligible to calculate travel time on annual leave.
– Second, the number of days on the road both going and returning must be more than 02 days.
When taking annual leave, but having time to travel both to and from home for more than 2 days, from the 3rd day onward, additional travel time will be calculated, in addition to the annual leave.
Employees should keep proof of identity documents such as bus tickets, train tickets in case the employer requires them to provide them for verification.
– Third, travel time is only counted in addition to the annual leave for one time off a year.
Normally the annual leave schedule will be calculated according to the calendar year, but each company has its own annual leave schedule. Accordingly, employees are entitled to add travel time to their annual leave period once during the leave period in that year.
For example:
Ms. A works for company B in Ho Chi Minh City. From the beginning of 2019. Ms. A applied for a leave of absence to return to her hometown in Ninh Binh for 5 days from September 12 to September 16 (from the beginning of 2019 to the time of applying for leave, Ms. A has not taken any leave). Ms. A travels by bus, the travel time both to and from is 04 days and Ms. A has provided bus tickets for company B.
So, according to the above regulations, Ms. A is eligible to have extra travel time in her annual leave. Accordingly, Ms. A is entitled to 2 extra travel days (in addition to the annual leave) for travel days from the 3rd to the 4th day. The travel day is only counted for 1 time off in a year.
- Workers can be paid wages and fare for travel days
Pursuant to the provisions of Clause 2, Article 113 of the 2012 Labor Code:
Whether the employee is entitled to receive train fare and wages for travel days is subject to an agreement between the employee and the employer.
Particularly, for lowland workers working in highland, deep-lying, remote areas, border areas, islands and workers in highland, deep-lying, remote areas, border areas, islands working in lowland areas. then the employer will pay for the train and the salary for the travel days.
Legal grounds:
– Labor Code 2012;
– Decree 05/2015/ND-CP.
