Regulations on Tet Bonuses

The law encourages business owners to reward employees with a Tet bonus in cash, but it does not mandate it nor prohibit the use of in-kind items as a substitute.

According to Article 103 of the Labor Code 2012, bonuses are "amounts of money that employers give to employees based on the annual business production results and the level of work completion of the employees. The bonus regulation is decided by the employer and publicly announced at the workplace after consulting with the representative organization of the collective labor at the facility."

The law does not have specific separate regulations, but the Tet bonus is also a type of bonus; therefore, it will be based on bonus regulations.

According to Article 103, bonuses depend on annual business production results and the level of work completion of the employees. This means that employers have the right to voluntarily and self-determinedly pay bonuses to employees based on the business results of the enterprise as well as the employees' level of work completion and are not required to give bonuses when the enterprise is not profitable. However, if the labor contract has a mandatory agreement regarding the bonus and the Tet bonus, the employer is obligated to fulfill this agreement.

The Labor Code only stipulates "bonuses" and does not have regulations on other forms of bonuses such as bonuses in kind or bonuses in the form of the enterprise's own products. The law encourages business owners to give Tet bonuses in money to enable employees to go shopping but does not mandate or prohibit using in-kind items to replace the Tet bonus.

Hence, if an enterprise gives a Tet bonus in the form of a box of fish sauce (the product of the enterprise itself), it is not against the law.

According to VNexpress

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