How many days until the Gregorian New Year? How many days of leave do employees get during the Gregorian New Year in Vietnam?
How many days until New Year's Day?
New Year's Day (also known as Western New Year) is on January 1, 2024 (Gregorian calendar), which corresponds to November 20, 2023 (Lunar calendar).
Currently, it is Monday, November 6, 2023, so there are 55 days left until New Year's Day 2024.
How many days until New Year's Day? How many days off do employees get for New Year's Day in Vietnam? (Image from the Internet)
How many days off do employees get for New Year's Day in Vietnam?
According to Article 112 of the Labor Code 2019 regarding holidays and Tet as follows:
Holidays and Tet
1. Employees are entitled to fully paid days off during the following holidays and Tet:
a) New Year's Day: 1 day (on January 1 of the Gregorian calendar);
b) Lunar New Year: 5 days;
c) Victory Day: 1 day (on April 30 of the Gregorian calendar);
d) International Labor Day: 1 day (on May 1 of the Gregorian calendar);
dd) National Day: 2 days (on September 2 of the Gregorian calendar and 1 adjacent day either before or after);
e) Hung Kings' Commemoration Day: 1 day (on March 10 of the Lunar calendar).
2. Foreign employees working in Vietnam are entitled to an additional day off for their traditional New Year's Day and one National Day from their home country, in addition to the days off stipulated in Clause 1 of this Article.
3. Annually, based on actual conditions, the Prime Minister of Vietnam will decide the specific days off stipulated at Points b and đ, Clause 1 of this Article.
Additionally, Article 111 of the Labor Code 2019 provides as follows:
Weekly rest
1. Employees are entitled to at least 24 continuous hours off per week. In exceptional cases where the work cycle does not allow for weekly rest, employers must ensure employees have an average of at least 4 days off per month.
2. Employers have the right to arrange weekly rest days on Sundays or other predetermined days of the week as recorded in the labor regulations.
3. If a weekly rest day coincides with a holiday or Tet as stipulated in Clause 1 of Article 112 of this Code, employees are entitled to a compensatory weekly day off on the following workday.
Typically, weekly rest days are determined by the employer to be on Saturday and Sunday.
Thus, according to the above regulations, employees are entitled to one fully paid day off for New Year's Day (on January 1, 2024).
New Year's Day 2024 (Western New Year) falls on Monday, January 1, 2024. Therefore, the New Year's Day 2024 holiday schedule for employees is as follows:
- 2 days off for employees who work on Saturday: Off from Sunday, December 31, 2023, to the end of Monday, January 1, 2024.
- 3 days off for employees who do not work on Saturday: Off from Saturday, December 30, 2023, to the end of Monday, January 1, 2024.
What are the wages for working overtime on New Year's Day in Vietnam?
According to Article 98 of the Labor Code 2019 regarding overtime pay and night work, specifically:
Overtime pay and night work pay
1. Employees who work overtime are paid as follows, based on their salary or the actual wage rate for the work being done:
a) On regular days, at least 150%;
b) On weekly rest days, at least 200%;
c) On holidays, Tet, and paid rest days, at least 300% in addition to the wage for the holiday, Tet, or paid rest day, for employees earning a daily wage.
2. Employees who work at night are entitled to an additional 30% of the wage calculated based on the wage rate or actual wage for the regular working day.
3. Employees who work overtime at night, in addition to the pay outlined in Clauses 1 and 2 of this Article, are entitled to an additional 20% of the wage calculated based on the wage rate or actual wage for the regular working day, or for the weekly rest day, or for the holiday or Tet.
4. The Government of Vietnam will detail this Article.
According to the above regulations, if working overtime on New Year's Day, employees are entitled to the holiday pay and overtime pay.
If employees are paid by the day and work on New Year's Day (Western New Year), they are entitled to:
- 100% of the regular daily wage.
- At least 300% of the wage as overtime pay for working on the holiday.
Therefore, the total wage that employees working during the day on New Year's Day can receive is at least 400% of the regular daily wage (applicable to employees paid by the day).
If employees work an additional night shift on New Year's Day, they will be paid an additional 20% of the wage calculated based on the wage rate or actual wage for the day shift on New Year's Day, and at least 30% of the wage calculated based on the wage rate or actual wage for a regular working day.
LawNet