What is the holiday schedule for April 30 for employees in Vietnam in 2024? How much salary do employees receive if they work on April 30?
Holiday Schedule for April 30 for Employees in Vietnam in 2024
According to Article 112 of the 2019 Labor Code, the regulation is as follows:
Holidays and Tet
1. Employees are entitled to time off work with full pay on the following holidays and Tet:
a) New Year's Day: 1 day (January 1 of the Gregorian calendar);
b) Lunar New Year: 5 days;
c) Victory Day: 1 day (April 30 of the Gregorian calendar);
d) International Labor Day: 1 day (May 1 of the Gregorian calendar);
đ) National Day: 2 days (September 2 of the Gregorian calendar and 1 adjacent day either before or after);
e) Hung Kings Commemoration Day: 1 day (March 10 of the lunar calendar).
Accordingly, the April 30 holiday schedule - Victory Day, employees are entitled to 1 day off on April 30 of the Gregorian calendar. Additionally, the adjacent day according to the perpetual calendar is May 1 - International Labor Day, and employees will also be off on May 1.
In 2024, April 30 falls on Tuesday, April 30, 2024, and May 1, 2024, falls on Wednesday.
Thus, this year employees will have a continuous 2-day break from Tuesday, April 30, 2024, to the end of Wednesday, May 1, 2024.
Since these are working days of the week, employees will not receive compensatory time off for this holiday.
However, if Tuesday or Wednesday is the company's regular weekly day off for the employee, they will be entitled to compensatory time off on the next working day, i.e., until the end of Thursday, May 2, 2024 (clause 3 of Article 111 2019 Labor Code).
What is the holiday schedule for April 30 for employees in Vietnam in 2024? How much salary do employees receive if they work on April 30? (Image from the Internet)
How much salary for employees in Vietnam working on April 30, 2024?
According to Article 98 of the 2019 Labor Code, the regulation is as follows:
Overtime and Nighttime Pay
1. Employees working overtime are paid according to the wage unit price or the actual wage for the work they are doing as follows:
a) On regular days, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays, Tet holidays, and paid leave days, at least 300% excluding salary for the public holidays, Tet holidays, and paid leave days for employees receiving daily wages.
2. Employees working at night are paid at least 30% additional wage calculated based on the wage unit price or actual wage of the regular working day.
3. Employees working overtime at night are paid, in addition to the wages specified in clauses 1 and 2 of this Article, an extra 20% of the wage unit price or the actual wage for day work on a regular working day, a weekly rest day, or a public holiday or Tet holiday.
4. The Government of Vietnam shall provide detailed regulations for this Article.
Hence, if an employee works on the days off for the April 30 and May 1 holidays in 2024, they are paid as follows:
- Working during the day: At least 300% of the normal working day's wage.
- Working overtime at night: At least 390% of the normal working day's wage. (300% holiday overtime pay + 30% nighttime work + 20% of the actual daytime wage on the holiday (300%) = 390%).
The above overtime wage does not include the wage for the paid holiday.
Vietnam: What happens if an employee unilaterally takes additional leave after April 30?
According to the provisions of Article 36 of the 2019 Labor Code:
Employer's Right to Unilaterally Terminate the Labor Contract
1. The employer has the right to unilaterally terminate the labor contract in the following cases:
a) The employee frequently fails to complete the work according to the labor contract as evaluated based on criteria in the employer's internal work regulations. The completion criteria are issued by the employer but must seek consultation from the representative organization of the employees at the workplace if available;
b) The employee is ill or injured, having received treatment for 12 consecutive months for indefinite-term contract workers or 6 consecutive months for definite-term contract workers with a term of 12 to 36 months, or more than half the contract term for workers with a contract term of less than 12 months, but their working capacity has not yet recovered. When the employee's health recovers, the employer will consider re-signing a labor contract with the employee;
c) Due to natural disasters, fires, dangerous epidemics, enemy emergencies, or relocation or narrowing of production and business as required by a competent state authority, the employer has tried all remedies but still has to reduce workplaces;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this Code;
dd) The employee reaches the retirement age as stipulated in Article 169 of this Code, unless otherwise agreed upon;
e) The employee voluntarily leaves work without a reasonable excuse for 5 consecutive working days or more;
g) The employee provides false information as stipulated in clause 2 of Article 16 of this Code during the conclusion of the labor contract, affecting the recruitment of other employees.
Thus, if an employee unilaterally takes leave for 5 consecutive days or more during the holiday period without a reasonable excuse, the company can unilaterally terminate the labor contract.
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