How many days off do employees in Vietnam get during the Lunar New Year Holiday 2023? Are employees required to work overtime during the Lunar New Year Holiday?
How many days off do employees in Vietnam get during the Lunar New Year Holiday 2023?
Under Article 112 of the Labor Code 2019, the provisions are 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;
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According to the above regulation, employees will get at least 5 days off during the Lunar New Year Holiday 2023. During these 5 days off for the Lunar New Year, employees are still entitled to full pay.
How many days off do employees in Vietnam get during the Lunar New Year Holiday 2023? Are employees required to work overtime during the Lunar New Year Holiday? (Image from the Internet)
What are the regulations on Tet bonuses for employees in Vietnam?
Under Article 104 of the Labor Code 2019 which provides for bonuses:
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 regulation, employers grant bonuses to employees in the form of property, money, or other forms on the basis of business performance.
The bonus amount will be decided by the employer.
Are employees in Vietnam required to work overtime during the Lunar New Year Holiday?
According to the provisions in Clause 2, Article 107 of the Labor Code 2019 on this content:
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.
According to the above regulations, the employer only utilizes employees for overtime work with their consent.
May employees in Vietnam receive salary advances during the Lunar New Year Holiday?
According to the provisions in Article 101 of the Labor Code 2019 regarding the salary advance for employees, the following provisions apply:
- An employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties.
- The employer must make the advance payment to the employee for the number of days the employee temporarily leaves his/her work in order to perform duties of citizens for a period of 01 week or longer, but the advance shall not exceed 01 month’s salary. The employee must reimburse the advance.
- When taking annual leave, an employee shall receive an advance payment of at least salary for the entitled days of leave.
However, an employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.
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