Lunar New Year 2023 in Vietnam: How many days are employees entitled to at least one day off? What is the Lunar New Year bonus regime 2023?
- How many days are employees entitled to at least one day of Lunar New Year holiday 2023 in Vietnam?
- How is the bonus regime of Lunar New Year 2023 of employees regulated in Vietnam?
- Can employers ask employees to use Tet bonuses and salaries to buy company products in Vietnam?
- Can employees get a salary advance during the Lunar New Year 2023 in Vietnam?
How many days are employees entitled to at least one day of Lunar New Year holiday 2023 in Vietnam?
Pursuant to Article 112 of the Labor Code 2019 of Vietnam stipulates as follows:
Article 112. 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.
According to the above regulations, employees will be entitled to at least 5 days off the Lunar New Year 2023. During these 5 days of Lunar New Year holiday, employees will still be entitled to the same full salary as normal working days.
Lunar New Year 2023 in Vietnam: How many days are employees entitled to at least one day off? What is the Lunar New Year bonus regime 2023?
How is the bonus regime of Lunar New Year 2023 of employees regulated in Vietnam?
Nowadays, everyone is no stranger to the phrase "13th month salary". This is understood as a bonus that the employer rewards the employee after one year of productive work.
Normally, the "13th month salary" will be paid by the employer to the employee before the Lunar New Year holiday.
Pursuant to Article 104 of the Labor Code 2019 of Vietnam, as follows:
Article 104. 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 provisions, employees can pay "13th month salary" to employees through forms such as property, money, other forms that the employer based on business results to decide. Therefore, it is not mandatory that the "13th month salary" bonus must be in money.
The bonus level during the Lunar New Year 2023 will be decided by the employer.
Can employers ask employees to use Tet bonuses and salaries to buy company products in Vietnam?
Pursuant to Article 94 of the Labor Code 2019 of Vietnam, it provides as follows:
Article 94. Salary payment rules
1. Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee.
2. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.
According to the above provisions, the employer must not restrict or interfere with anything in how the employee uses wages and spends wages.
In addition, the employer must not request or force the employee to use the salary and Tet bonus that the employee receives to buy goods, products or use services of the employer or of other companies and enterprises introduced by the employer.
In addition, the employer must pay the employee in full and on time as agreed in the labor contract.
In case, for some reason, the employee cannot receive salary directly from the employer, he/she may authorize another person to receive the salary on his/her behalf.
Can employees get a salary advance during the Lunar New Year 2023 in Vietnam?
Pursuant to Article 101 of the Labor Code 2019 of Vietnam, it provides as follows:
Article 101. Salary advances
1. An employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties.
2. 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.
An employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.
3. When taking annual leave, an employee shall receive an advance payment of at least salary for the entitled days of leave.
Thus, employees will be given an advance salary during the Lunar New Year 2023 when meeting the conditions agreed with the employer.
The amount for which the employee advances the salary will not be charged interest.
LawNet
