What is the National Day Holiday Schedule for employees in Vietnam? Are employees in Vietnam entitled to more than 04 days off on National Day Holiday?
What is the National Day Holiday Schedule for employees in Vietnam?
According to the provisions of Article 112 of the Labor Code 2019 regarding public holidays:
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.
On National Day, employees are entitled to fully paid 02 days off (September 02 and 01 adjacent day either before or after).
In 2023, The National Day holiday falls on a Saturday. Therefore, the following cases will occur:
Case 01: Employees do not work on Saturdays
- If they take a break on Sept 2 and the preceding day (i.e., Friday and Saturday), they will have a weekly day off (Sunday) and an additional compensatory day off on the following Monday.
- If they take a break on Sept 2 and the following day (i.e., Saturday and Sunday), they will have an additional compensatory day off on the following Monday and Tuesday.
Case 02: Employees who work on Saturdays
- If they take a break on Sept 2 and the preceding day (i.e., Friday and Saturday), and a weekly day off (Sunday).
- If they take a break on Sept 2 and the following day (i.e., Saturday and Sunday), they will have an additional compensatory day off on the following Monday.
Thus, employees could have up to a 04-day National Day holiday in 2023 if they do not work on Saturdays or 03 days off if they work on Saturdays.
What is the National Day Holiday Schedule for employees in Vietnam? Are employees in Vietnam entitled to more than 04 days off on National Day Holiday?
Are employees in Vietnam entitled to more than 04 days off on National Day Holiday?
According to the provisions of Clause 4 Article 113 of the Labor Code 2019 regarding annual leave:
Annual Leave
...
4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.
Under these provisions, the annual leave is specified by the employer. Howerver, an employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.
If the employees still have unused leave days or the company grants advance leave for the following month, they may apply for fully paid leave before or after the National Day holiday to extend the holiday.
Additionally, under Article 115 of the Labor Code 2019, employees can also negotiate with the employer for unpaid leave.
However, if the company's internal labor regulations stipulate that leave cannot be taken on days adjacent to public holidays, employees are not allowed to apply for leave on these days.
Employee leave requests must be in line with the company's regulations; hence, internal labor regulations prohibiting leave adjacent to National Day 02/09 are not contrary to labor law and related regulations.
If the company's internal labor regulations do not prohibit employees from applying for leave adjacent to the National Day holiday, employees can extend the holiday by applying for annual leave or unpaid leave.
What is the salary paid to employees working during the National Day Holiday in Vietnam?
Article 98 of the Labor Code 2019 prescribes overtime pay, night work pay:
Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
4. The Government shall elaborate this Article.
Thus, employees working during the National Day Holiday in Vietnam, apart from the holiday pay, shall receive additional overtime pay.
Therefore, employees working during the National Day Holiday in Vietnam will receive pay as follows:
- 100% of the salary for the working day.
- An additional at least 300% of the daily salary.
Thus, the total salary paid to employees is at least 400%.
In addition, employees working at night will be paid at least 30% more of the normal working day's salary and 20% of the holiday salary.
LawNet