Employees are entitled to 5 consecutive days off during April 30 - May 1, 2024 holiday. What happens? Penalties for forcing employees to work during holidays?
When Do Employees Get 5 Consecutive Days Off for the April 30 - May 1, 2024 Holiday?
On April 12, 2024, the Ministry of Labor, Invalids and Social Affairs issued Announcement 1570/TB-BLDTBXH of 2024 proposing the exchange of working days for the Victory Day on April 30 and International Labor Day on May 1, 2024, for officials, public employees, and workers in state administrative agencies, public service providers, and enterprises.
Following the directive from the Office of the Government of Vietnam regarding the proposal to exchange working days for the April 30 and May 1, 2024 holiday, the state administrative agencies, public service providers, and enterprises will implement the workday exchange schedule and arrange the holiday schedule for April 30, 2024, as follows:
Officials, public employees, and workers in state administrative agencies and public service providers (hereafter referred to as officials and public employees) will exchange their working day from Monday (April 29, 2024) to Saturday (May 4, 2024).
Thus, the holiday schedule for Victory Day on April 30 and International Labor Day on May 1, 2024, for officials and public employees will be 5 consecutive days off from Saturday, April 27, 2024, to the end of Wednesday, May 1, 2024 (with a make-up working day on Saturday, May 4, 2024).
Agencies and units that do not have fixed weekends of Saturday and Sunday each week will base on their specific programs and plans to arrange suitable holiday schedules in compliance with the law.
It is encouraged for employers in enterprises to apply the holiday schedule for Victory Day on April 30 and International Labor Day on May 1, 2024, for workers as regulated for officials and public employees while ensuring full implementation of policies for workers as prescribed by law, encouraging agreements that are more favorable for workers.
Thus, if the employer decides the holiday schedule for workers as regulated for officials and public employees, the workers will have 5 consecutive days off.
When Do Employees Get 5 Consecutive Days Off for the April 30 - May 1, 2024 Holiday? What Penalties for Forcing Employees to Work on Holidays? (Image from the Internet)
What Are the Penalties for Forcing Employees to Work During the April 30 and May 1, 2024, Holiday?
According to point a, clause 2, Article 107 of the Labor Code 2019, when an enterprise requests employees to work on holidays, it must ensure certain requirements. In general, employees are not required to work on holidays.
If an enterprise forces employees to work, it will be penalized as prescribed in Article 18 of Decree 12/2022/ND-CP for violations of working hours and rest periods as follows:
- Fines from VND 10,000,000 to VND 20,000,000 for employers who violate the legal provisions on weekly rest, annual leave, or public holidays.
- Fines from VND 20,000,000 to VND 25,000,000 for employers who:
+ Implement regular working hours exceeding the legal limit;
+ Mobilize employees to work overtime without their consent, except in cases prescribed in Article 108 of the Labor Code 2019.
- Fines for employers who do not ensure rest periods during working hours or shift breaks as prescribed by law, or mobilize employees to work overtime beyond the legal limit, under the fines levels as follows:
+ From VND 5,000,000 to VND 10,000,000 for violations involving 1 to 10 employees;
+ From VND 10,000,000 to VND 20,000,000 for violations involving 11 to 50 employees;
+ From VND 20,000,000 to VND 40,000,000 for violations involving 51 to 100 employees;
+ From VND 40,000,000 to VND 60,000,000 for violations involving 101 to 300 employees;
+ From VND 60,000,000 to VND 75,000,000 for violations involving over 301 employees.
The fine levels prescribed for these violations are for individuals. The fines for organizations are twice the fine levels for individuals (clause 1, Article 6 of Decree 12/2022/ND-CP).
How Is Salary Calculated for Employees Working on the April 30 - May 1, 2024, Holiday?
According to Article 98 of the Labor Code 2019, which regulates overtime pay and night work pay:
Overtime Pay and Night Work Pay
1. Employees working overtime are paid according to their current wage level or wage rate of the job they are doing as follows:
a) On normal days, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays and paid leave days, at least 300% without including the wage for public holidays and paid leave days for salaried employees.
2. Employees working at night are paid additional wages of at least 30% of the wage calculated by unit price or current wage rate of the normal working day.
...
In cases where employees work on public holidays, they are entitled to wages of at least 300% excluding the wage for public holidays for salaried employees.
Additionally, employees working at night are paid at least 30% of the wage of a normal working day plus 20% of the wage of the public holiday.
Thus, employees working on the April 30 - May 1, 2024 holiday are paid as follows:
- Daytime work: At least 400% wage.
- Nighttime work: At least 490% wage.
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