Vietnam: How many fully paid days off on Tet holiday 2023 are there for Vietnamese employees?
Vietnam: How many fully paid days off on Tet holiday 2023 are there for Vietnamese employees?
Pursuant to Article 112 of the Labor Code 2019 stipulates 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;
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 for Tet Holiday 2023. During these 5 days off of Tet holiday, employees will still receive the same salary as normal working days.
Vietnam: How many fully paid days off on Tet holiday 2023 are there for Vietnamese employees? (Image from the Internet)
What is the bonus regime for Vietnamese employees on Tet holiday 2023?
Nowadays, surely everyone is familiar with the phrase "13th-month salary". This is understood as the bonus that the employer rewards the employee after a year of effective work.
Normally, the "13th-month salary" will be paid by the employer to the employee before the Tet holiday.
Pursuant to Article 104 of the Labor Code 2019 stipulates as follows:
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 regulations, employees can pay a "13th-month salary" to employees through forms such as property, bonuses, and other forms that employers based on business results to decide. Therefore, it is not mandatory that the "13th-month salary" bonus must be in cash.
The bonus level during the Lunar New Year 2023 will be decided by the employer.
Pursuant to Article 94 of the Labor Code 2019 stipulates as follows:
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 is not allowed to limit or interfere in any way with the employee's use of wages and salary expenditure.
In addition, the employer is not required to force the employee to use the salary or Tet bonus received by the employee to buy goods, products, or services of the employers or of other companies or enterprises that the employer introduces.
In addition, the employer must pay the employee in full and on time as agreed in the employment contract.
In case, for some reason, the employee cannot receive the salary directly from the employer, he or she can authorize someone else to receive the salary on his behalf.
May employees receive salary advances for Tet Holiday 2023?
Pursuant to Article 101 of the Labor Code 2019 stipulates as follows:
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, the employee will be entitled to advance salary for Tet Holiday 2023 when meeting the conditions agreed with the employer.
The salary advances will not be charged interest.
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