On what date does New Year's Day 2024 in Vietnam fall? How many days off do employees get for New Year's Day 2024?
On what date does New Year's Day 2024 in Vietnam fall?
New Year's Day 2024 is January 1, 2024, which falls on Monday of the first week of the month.
How many days off do employees get for New Year's Day 2024?
According to Article 112 of 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.
Additionally, under Article 111 of the Labor Code 2019:
Weekly breaks
1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.
3. In case a public holiday falls on an employee’s weekly break as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.
Thus, each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.
Typically, employers would choose Saturday and Sunday as weekly breaks.
New Year's Day will fall on Monday. Therefore, employees will be entitled to 1 fully paid day off for New Year's Day (January 1, 2024). Since New Year's Day does not fall on a weekly break, there will be no compensatory day off.
Note: In case a public holiday falls on an employee’s weekly break prescribed in Clause 1, Article 112 of the Labor Code 2019, he/she will have compensatory time-off on the next working days.
On what date does New Year's Day 2024 in Vietnam fall? How many days off do employees get for New Year's Day 2024?
What is the salary paid to employees working on New Year's Day 2024 in Vietnam?
Under point c, clause 1, Article 98 of the Labor Code 2019 on 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.
Therefore, employees working on New Year's Day 2024 will be paid at least 300% excluding the salary for public holidays for employees receiving daily salaries.
In the case that employees work at night on New Year's Day 2024, they will also receive at least an additional 30% of the salary calculated based on the salary unit price or the actual salary paid according to the work being done on regular working days and an additional 20% of the salary calculated based on the salary unit price or the actual salary paid for daytime work performed on public holidays.
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