How much is the bonus for Tet Holiday 2023 for Vietnamese employees? Is it compulsory for employers to give Tet bonuses to employees?
How to calculate the bonus for Tet Holiday 2023 for Vietnamese employees?
As mentioned above, the law does not stipulate the amount of Tet bonus that employees will receive.
Instead, the regulation on bonuses for Tet Holiday 2023 will be decided by employers according to Article 104 of the Labor Code 2019 as follows:
Bonuses
1. A bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.
2. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).
Accordingly, the employers will decide the amount of Tet bonuses in 2023 based on the situation and results of production and business.
For example, the employer decides the Tet bonuses in 2023 is 03 months' salary as agreed in the employment contract based on the employee's performance and productivity in the year. The salary in the employment contract is 10,000,000 VND/month and the employee's working efficiency in 2022 reaches 90%, the Tet bonus in 2023 will be calculated as follows:
10,000,000 x 3 x 90% = 27,000,000 VND.
How much are the bonuses for Tet Holiday 2023 for Vietnamese employees? Is it compulsory for employers to give Tet bonuses to employees? (Image from the Internet)
What are the conditions for Vietnamese employers to request an employee to work overtime during Tet Holiday 2023?
Pursuant to Article 107 of the Labor Code 2019 stipulates as follows:
Overtime work
1. Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer.
2. An employer has the right to request an employee to work overtime when all of the following conditions are met:
a) The employee agrees to work overtime;
b) The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;
c) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.
3. An employer must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs and cases:
a) Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;
b) Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;
c) Works that require highly skilled workers that are not available on the labor market at the time;
d) Urgent works that cannot be delayed due to seasonal reasons or availability of materials or products, or due to unexpected causes, bad weather, natural disasters, fire, hostility, shortage of power or raw materials, or technical issue of the production line;
dd) Other cases prescribed by the Government.
4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer shall send a written notification to the provincial labor authority.
5. The Government shall elaborate this Article.
Thus, the employer is only allowed to use the employee to work overtime during the Tet holiday in 2023 when the following conditions are met:
- The employee agrees to work overtime;
- The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;
- The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of Article 107 of the Labor Code 2019.
Is it compulsory for Vietnamese employers to give Tet bonuses to employees?
Currently, when posting recruitment information, most companies post job benefits that are 13th month salary.
The 13th month salary here is understood as the Tet bonus that the company gives to the employees because the 13th month salary is usually paid by companies and businesses to employees before the Tet holiday.
So, is it compulsory for employers to give Tet bonuses to employees?
Currently, the law of our country does not have any regulations that compel companies and employers to give Tet bonuses to employees.
Article 104 of the Labor Code 2019 provides as follows:
Bonuses
1. A bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.
2. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).
According to the above regulations, the employer is not required to give Tet bonuses to employees. The employer will based on the situation and results of production and business of the company decide whether to develop a regulation on Tet bonuses for employees or not.
Regulations on Tet bonuses will be decided by the employer and publicly announced at the workplace after consulting with the representative organization of employees.
Besides, if the employer decides to give the employee Tet bonuses in 2023, the Tet bonus is not required to be done in cash.
Instead, the employer can use the property or bonuses for Tet 2023 in another form that the employer will decide based on business results.
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