Working on New Year's Day 2024: How is the Employee's Salary Calculated? How Many Times Higher than Regular Days?
Public Holidays and Tet According to Legal Regulations
According to Article 112 of the Labor Code 2019 which regulates public holidays and Tet as follows:
Public Holidays and Tet
1. Employees are entitled to fully paid days off on the following public holidays and Tet:
a) New Year's Day: 1 day (January 1 of the Gregorian calendar);
b) Lunar New Year (Tet): 05 days;
c) Victory Day: 1 day (April 30 of the Gregorian calendar);
d) International Labor Day: 1 day (May 1 of the Gregorian calendar);
e) National Day: 2 days (September 2 of the Gregorian calendar and 1 day contiguous before or after);
f) Hung Kings Commemoration Day: 1 day (March 10 of the lunar calendar).
2. Foreign employees working in Vietnam, in addition to the holidays specified in Clause 1 of this Article, are also entitled to 1 traditional New Year’s Day and 1 National Day of their country.
3. Annually, based on actual conditions, the Prime Minister of the Government of Vietnam decides on specific holidays provided for at points b and e, Clause 1 of this Article.
Thus, according to the legal provisions on New Year's Day, employees will receive one day off (January 1 of the Gregorian calendar).
However, if a weekly day off coincides with a public holiday or Tet, employees are entitled to a compensatory day off on the next working day.
In 2024, New Year's Day will fall on Monday, so employees will get one day off for New Year’s Day (January 1, 2024) and receive full pay for that day. Since New Year's Day does not fall on a weekly day off, there will be no compensatory day off.
Working on New Year's Day 2024: How will employees be paid? How many times higher is the salary compared to regular days?
Working on New Year's Day 2024: How Will Employees Be Paid? How Many Times Higher Is the Salary Compared to Regular Days?
According to Article 98 of the Labor Code 2019 which regulates overtime and nightwork pay as follows:
Overtime and nightwork pay
1. Employees who work overtime are paid according to the wage rate or actual working wage as follows:
a) On regular days, at least 150%;
b) On weekly days off, at least 200%;
c) On public holidays, Tet, and paid leave days, at least 300%, excluding the wage for public holidays, Tet, and paid leave days for employees receiving daily wages.
2. Employees working at night are paid at least 30% higher than the wage rate or actual working wage for the same job performed during regular daytime.
3. Employees working overtime at night, in addition to the payment provided for in Clauses 1 and 2 of this Article, are also paid an additional 20% of the wage rate or actual working wage for daytime work on a regular day, weekly day off, or public holiday or Tet.
4. the Government of Vietnam regulates this in detail.
Employees working on public holidays or Tet will be paid as follows:
- On regular days, at least 150%;
- On weekly days off, at least 200%;
- On public holidays, Tet, and paid leave days, at least 300%, excluding the wage for public holidays, Tet, and paid leave days for employees receiving daily wages.
Thus, if employees work on New Year's Day, they will be paid at least 300%, excluding the wage for public holidays, Tet, and paid leave days for daily wage employees. If working at night, an additional 20% of the wage rate or actual working wage for the job during the day of the public holiday, Tet, and a 30% increase compared to the ordinary job wage will be paid.
Do Employees Receive a Bonus for Working on New Year's Day?
According to Article 104 of the Labor Code 2019 which regulates bonuses as follows:
Bonuses
1. Bonuses are monetary or by asset or in other forms that employers reward employees based on production and business results and the level of work completion of the employees.
2. The bonus policy is decided and publicly announced at the workplace by the employer after consulting the representative organizations of the employees at the establishment, where such organizations exist.
Therefore, employees will receive a bonus for working on New Year's Day if the bonus policy specifies that bonuses are given on this occasion.
The bonus policy is decided by the employer and publicly announced at the workplace after consulting the representative organizations of the employees at the establishment.
LawNet