How Many Days Off Will Probationary Workers Have for the 2024 Lunar New Year? What Is the Salary for Probationary Workers During the 2024 Lunar New Year Holiday?
How many days off during Tet Holiday 2024 will probationary employees get?
According to the provisions in Clause 1, Article 112 of the Labor Code 2019, it stipulates as follows:
Holidays and Tet
1. Employees are entitled to leave from work and receive full salary on the following holidays and Tet:
a) New Year's Day: 01 day (January 1 of the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 1 of the Gregorian calendar);
e) National Day: 02 days (September 2 of the Gregorian calendar and 01 consecutive day either before or after);
f) Hung Kings' Commemoration Day: 01 day (March 10 of the lunar calendar).
2. Foreign employees working in Vietnam are additionally entitled to 01 traditional Tet festival of their ethnicity and 01 National Day of their country apart from the holidays specified in Clause 1 of this Article.
3. Every year, based on practical conditions, the Prime Minister the Government of Vietnam specifically decides the holidays stipulated at Point b and Point e, Clause 1 of this Article.
According to the above regulations, employees are entitled to 05 days off for the Lunar New Year without distinction between official employees and probationary employees.
The Tet holiday schedule 2024 for probationary employees is as follows:
According to the provisions of Article 112, Labor Code 2019, probationary employees are entitled to leave from work and receive full salary for 05 days during the Lunar New Year.
Simultaneously, Section 5 of Notification 5015/TB-LDTBXH 2023 clearly outlines the options for Tet holiday 2024 for probationary employees as follows:
- For the Lunar New Year holiday: Employers can choose either 01 day at the end of the Year of the Cat and 04 days at the beginning of the Year of the Dragon or 02 days at the end of the Year of the Cat and 03 days at the beginning of the Year of the Dragon or 03 days at the end of the Year of the Cat and 02 days at the beginning of the Year of the Dragon.
- Notify the probationary employees of the Tet holiday schedule for 2024 at least 30 days before implementation.
- If the weekly day off coincides with the holiday stipulated in Clause 1, Article 112 of the Labor Code 2019, probationary employees are entitled to take compensatory leave on the next working day as stipulated in Clause 3, Article 111 of the Labor Code 2019.
- Employers are encouraged to apply the Tet holiday schedule for employees similar to the regulations for officials and public employees.
How many days off during Tet Holiday 2024 will probationary employees get?
What salary will probationary employees receive for Tet Holiday 2024?
Based on Article 26 of the Labor Code 2019, it stipulates as follows:
Probationary salary
The probationary salary is negotiated between the two parties but must be at least 85% of the job’s official salary.
Probationary employees will receive a salary as negotiated with the employer; however, the minimum salary for probationary employees must be at least 85% of the job’s official salary.
According to the provisions in Clause 1, Article 112 of the Labor Code 2019, it stipulates as follows:
Holidays and Tet
1. Employees are entitled to leave from work and receive full salary on the following holidays and Tet:
a) New Year's Day: 01 day (January 1 of the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 1 of the Gregorian calendar);
e) National Day: 02 days (September 2 of the Gregorian calendar and 01 consecutive day either before or after);
f) Hung Kings' Commemoration Day: 01 day (March 10 of the lunar calendar).
2. Foreign employees working in Vietnam are additionally entitled to 01 traditional Tet festival of their ethnicity and 01 National Day of their country apart from the holidays specified in Clause 1 of this Article.
3. Every year, based on practical conditions, the Prime Minister the Government of Vietnam specifically decides the holidays stipulated at Point b and Point e, Clause 1 of this Article.
Thus, on Tet Holiday 2024, probationary employees will be entitled to leave and receive full salary. The salary for Tet holiday will be determined based on the agreed probationary salary.
How is the salary calculated for probationary employees working during Tet Holiday 2024?
According to the provisions of Article 98 of the Labor Code 2019, it stipulates as follows:
Overtime pay, night work pay
1. Employees working overtime are paid based on the wage unit or the actual wage for the work being done as follows:
a) On weekdays, at least 150%;
b) On weekly rest days, at least 200%;
c) On holidays, Tet, paid leave days, at least 300% without including the holiday salary for employees paid by the day.
2. Employees working at night are paid an additional amount of at least 30% of the wage unit or the actual wage for the work being done during a regular workday.
3. Employees working overtime at night are paid an additional amount of 20% of the wage unit or the actual wage for the work being done during the day on a regular workday or weekly rest day or on a holiday, Tet.
4. the Government of Vietnam stipulates this Clause in detail.
In the case of probationary employees working on Tet Holiday 2024, they are entitled to a minimum of 300% salary excluding holiday salary for employees paid by the day.
Employees working at night on Tet Holiday 2024 are paid an additional amount of at least 30% of the wage unit or the actual wage for the work being done during a regular workday and an additional 20% of the wage unit or the actual wage for the work done during the day of the Tet holiday.
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