Do Employees Get 07 Consecutive Days Off Like Officials and Public Employees During the Lunar New Year 2024?
Do employees get 07 consecutive days off like officials and public employees during Tet Nguyen Dan 2024?
Based on Article 112 of the Labor Code 2019, the regulations about holidays and Tet are as follows:
Holidays and Tet
1. Employees are entitled to leave with full pay on the following holidays and Tet:
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b) Lunar New Year: 05 days;
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According to Notification 5015/TB-LDTBXH 2023, officials and public employees and employees of administrative agencies, career units, political organizations, and socio-political organizations (hereinafter referred to as officials and public employees) are entitled to Tet Nguyen Dan in 2024 from:
Thursday, February 08, 2024 (29th day of the lunar December, Quy Mao year) to the end of Wednesday, February 14, 2024 (5th day of the lunar January, Giap Thin year).
Employees will have Tet Nguyen Dan 2024 off based on one of the three options chosen by the employer as follows:
(1) Select 01 day at the end of the Quy Mao year and 04 days at the beginning of the Giap Thin year
(2) Select 02 days at the end of the Quy Mao year and 03 days at the beginning of the Giap Thin year
(3) Select 03 days at the end of the Quy Mao year and 02 days at the beginning of the Giap Thin year.
Thus, the duration of Tet Nguyen Dan 2024 leave varies for each group. Therefore, based on the Tet holiday schedule, it can be seen:
For officials and public employees, it is 07 consecutive days from Thursday, February 08, 2024 (29th day of the lunar December, Quy Mao year) to the end of Wednesday, February 14, 2024 (5th day of the lunar January, Giap Thin year).
For employees, depending on the Tet holiday schedule decided by the employer, the Tet Nguyen Dan 2024 leave will differ based on legal regulations and the three reference options of the Ministry of Labor - Invalids and Social Affairs.
According to labor law compliance, employees are entitled to 05 days off for Tet Nguyen Dan. If the weekly day off coincides with Tet, employees will get substituted for the weekly day off on the following working day.
Referring to the Tet leave plan of the Ministry of Labor - Invalids and Social Affairs, it is encouraged that employers apply the Lunar New Year leave duration for employees similarly to officials and public employees.
Therefore, whether employees get 07 consecutive days off like officials and public employees during Tet Nguyen Dan 2024 will depend on the employer's decision based on legal compliance.
Do employees get 07 consecutive days off like officials and public employees during Tet Nguyen Dan 2024?
Do employees get paid if they take additional leave after Tet?
Based on the provisions of Article 113 of the Labor Code 2019, the regulations are as follows:
Annual leave
1. An employee who has worked for an employer for twelve months is entitled to annual leave with full pay under their labor contract as follows:
a) 12 working days for those doing work in normal conditions;
b) 14 working days for those who are minors, disabled, or doing heavy, hazardous, or dangerous jobs;
c) 16 working days for those doing particularly heavy, hazardous, or dangerous jobs.
2. An employee who has worked for less than twelve months for an employer is entitled to annual leave calculated in proportion to their time worked.
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Article 115 of the Labor Code 2019 also provides:
Personal leave, unpaid leave
1. An employee is entitled to take paid personal leave and must inform the employer in the following cases:
a) Marriage: 03 days;
b) Child's marriage: 01 day;
c) Death of biological parents, adoptive parents, biological parents, adoptive parents of a spouse, spouse, or child: 03 days.
2. An employee is entitled to one day of unpaid leave and must inform the employer in case of the death of a grandparent, sibling, or if a parent remarries, or if a sibling gets married.
3. Apart from the provisions of Clauses 1 and 2 of this Article, an employee may agree with the employer on unpaid leave.
Thus, to determine whether an employee taking leave after Tet gets paid depends on the specific case:
+ If the leave is considered annual leave, the employee is entitled to full pay as per their labor contract.
+ If the leave is for reasons specified in Clause 1 of Article 115 of the Labor Code 2019 and it has been informed to the employer, the employee still receives full pay.
+ If the leave is considered unpaid leave as agreed, the employee does not receive pay.
How do employees get paid if they work on a Tet holiday?
According to the provisions of Article 98 of the Labor Code 2019, on overtime wages and night work wages are as follows:
Overtime wages, night work wages
1. An employee working overtime is entitled to wages calculated based on the wage unit price or the actual wage paid for the current job as follows:
a) On regular days, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays, Tet holidays, paid days-off, at least 300%, excluding the wage for the holidays, Tet days, or paid days-off for employees receiving daily wages.
2. An employee working at night is entitled to at least 30% extra wages calculated based on the wage unit price or the actual wage paid for the current job of normal working days.
3. An employee working overtime at night, in addition to the wage stated in Clauses 1 and 2 of this Article, is entitled to an additional 20% wage calculated based on the wage unit price or the wage for the day work of the normal working day, or the weekly rest day, or the holiday, Tet holiday.
4. The Government of Vietnam regulates the details of this Article.
If employees work on Tet holidays, they are entitled to at least 300% wage not including the daily wage for Tet days.
Additionally, if employees work at night, they will be paid at least 30% extra wage of the normal working day and 20% of the Tet day's wage.
Thus, if working on Tet holidays, wages are calculated as follows:
- Working during the day: Receive at least 400% wage.
- Working at night: Receive at least 490% wage.
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