If Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary?
- If Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary?
- If Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary?
- How many days off are there for Vietnamese employees on Tet holiday in 2023?
If Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary?
Currently entering late 2022, and early 2023 period. There are many workers who are interested in the Tet bonus or 13th month salary after 1 year of hard work. Usually, Tet bonus or 13th month salary will be paid to employees by the employer before the Tet Holiday holiday.
So if Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary?
To solve this question, we need to base ourselves on Article 104 of the Labor Code 2019 which stipulates 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, a bonus (such as Tet 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.
A bonus regulation shall be decided and publicly announced at the workplace by the employer.
Therefore, it is not legally required that employers give Tet bonuses or pay 13th month salary.
However, in Clause 1, Article 13 of the Labor Code 2019, it is stipulated as follows:
Employment contract
1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.
Accordingly, an employment contract is an agreement between an employee and an employer. If in the employment contract, the employer and the employee have an agreement that before the end of 2022, the employee achieves a certain level of sales or a certain number of products, they will receive a bonus equivalent to what percentage of salary and is paid before the Tet Holiday, the employer still has to pay Tet bonus or 13th month salary as agreed.
If Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary? (Image from the Internet)
If Vietnamese employees quit their jobs before Tet Holiday, will they be entitled to Tet bonuses or 13th month salary?
Pursuant to Article 48 of the Labor Code 2019 stipulates as follows:
Responsibilities of the parties upon termination of an employment contract
1. Within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:
a) Shutdown of business operation of the employer that is not a natural person;
b) Changes in the organizational structure, technology or changes due to economic reasons;
c) Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative;
d) Natural disasters, fire, hostility or major epidemics.
2. Priority shall be given to payment of the employees’ salaries, social insurance, health insurance, unemployment insurance, severance allowance and other benefits under the collective bargaining agreement and employment contracts in case of shutdown, dissolution or bankruptcy of an enterprise or cooperative.
3. The employer has the responsibility to:
a) Complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);
b) Provide copies of the documents relevant to the employee’s work if requested by the employee. The employer shall pay the cost of copying and sending the documents.
As mentioned in the above content, in case the employee and the employer have an agreement on Tet bonus or the 13th month salary in the employment contract if the employee completes the most standard of work. The employer is required to pay all Tet bonuses and 13th month salary as agreed.
The payment of Tet bonus and 13th month salary shall be made within 14 days from the date of termination of the employment contract, unless otherwise provided for by law.
How many days off are there for Vietnamese employees on Tet holiday in 2023?
Pursuant to Article 112 of the Labor Code 2019 stipulates as follows:
Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.
Thus, the employer will based on the decision of the Prime Minister to consider how many days off for the employee for the Tet Holiday in 2023, but not less than 05 days.
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