How many consecutive days off do employees get for New Year's Day 2024? What are regulations on wage for employees working during the 2024 Tet holidays in Vietnam?
Vietnam: How many consecutive days off do employees get for New Year's Day 2024?
According to point a, clause 1, Article 112 of the Labor Code 2019, employees are entitled to 1 day off with full pay for New Year's Day.
The New Year's Day 2024 schedule for employees is as follows:
*For employees with a fixed weekly day off on Saturdays and Sundays:
Employees will have 2 consecutive days off on the weekend prior, which are Saturday, December 30, 2023, and Sunday, December 31, 2023, along with Monday, January 1, 2024.
Thus, the total number of days off during New Year's 2024 for these employees is 3 days (from December 30, 2023, to the end of January 1, 2024).
*For employees who work with a policy of 1 day off per week (Sunday), they will have a New Year's break extending for 2 days (from December 31, 2023, to the end of January 1, 2024, which is Sunday and Monday).
* For cases where the weekly day off is other than Sunday, Monday, or Tuesday, the New Year's break will only be on Monday, January 1, 2024.
How many consecutive days off do employees get for New Year's Day 2024? What is the wage regulation for employees working during the 2024 Tet holidays? (Image from the Internet)
What is the schedule for the Lunar New Year 2024 for employees in Vietnam?
According to clause 1, Article 112 of the Labor Code 2019, it specifies:
Public Holidays
1. Employees are entitled to fully paid days off on the following holidays:
a) New Year's Day: 01 day (January 1 of the solar calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the solar calendar);
d) International Labor Day: 01 day (May 1 of the solar calendar);
e) National Day: 02 days (September 2 of the solar calendar and 01 day immediately before or after);
f) Hung Kings Commemoration Day: 01 day (March 10 of the lunar calendar).
...
On November 3, 2023, the Office of the Government of Vietnam issued Official Dispatch 8662/VPCP-KGVX 2023, conveying the Prime Minister's opinion on the Lunar New Year and National Day holidays in 2024.
The Prime Minister approved the proposal from the Ministry of Labor, Invalids, and Social Affairs in Official Dispatch 4594/LDTBXH-ATLD 2023 to grant Lunar New Year holidays from February 8, 2024, to February 14, 2024, and National Day holidays from August 31, 2024, to September 3, 2024.
For employees in enterprises, the Ministry of Labor, Invalids and Social Affairs stated that based on actual conditions and the holiday schedule for officials and public employees, employers should arrange the Lunar New Year holidays for employees (employers are encouraged to apply the same holiday period for employees as for officials and public employees).
- Lunar New Year 2024 holidays:
+ Choose either 01 day before Tet and 04 days immediately after Tet, 02 days before Tet and 03 days immediately after Tet, or 03 days before Tet and 02 days immediately after Tet.
+ Notify employees of the Lunar New Year holiday plan at least 30 days before implementation.
The Lunar New Year 2024 falls on a Saturday and Sunday of the week, so the number of days off for the Lunar New Year 2024 for employees will be as follows:
*For employees who do not work on Saturdays:
- If the enterprise chooses the option of 01 day before Tet and 04 days immediately after Tet:
Employees will start their Lunar New Year 2024 holidays from Friday, February 9, 2024 (the 30th day of the last lunar month of the Year of the Rabbit), until Thursday, February 15, 2024 (the 6th day of Tet).
- If the enterprise chooses the option of 02 days before Tet and 03 days immediately after Tet:
Employees will start their Lunar New Year 2024 holidays from Thursday, February 8, 2024 (the 28th day of the last lunar month of the Year of the Rabbit), until Wednesday, February 14, 2024 (the 5th day of Tet).
- If the enterprise chooses the option of 03 days before Tet and 02 days immediately after Tet:
Employees will start their Lunar New Year 2024 holidays from Wednesday, February 7, 2024 (the 27th day of the last lunar month of the Year of the Rabbit), until Tuesday, February 13, 2024 (the 4th day of Tet).
Thus, employees will have 7 consecutive days off, including 5 Lunar New Year holidays as prescribed by the State and 2 compensatory days off (because they coincide with the weekly Saturdays and Sundays).
*For employees who work on Saturdays:
- If the enterprise chooses the option of 01 day before Tet and 04 days immediately after Tet:
Employees will start their Lunar New Year 2024 holidays from Friday, February 9, 2024 (the 30th day of the last lunar month of the Year of the Rabbit), until Wednesday, February 14, 2024 (the 5th day of Tet).
- If the enterprise chooses the option of 02 days before Tet and 03 days immediately after Tet:
Employees will start their Lunar New Year 2024 holidays from Thursday, February 8, 2024 (the 28th day of the last lunar month of the Year of the Rabbit), until Tuesday, February 13, 2024 (the 4th day of Tet).
- If the enterprise chooses the option of 03 days before Tet and 02 days immediately after Tet:
Employees will start their Lunar New Year 2024 holidays from Wednesday, February 7, 2024 (the 27th day of the last lunar month of the Year of the Rabbit), until Monday, February 12, 2024 (the 3rd day of Tet).
Thus, employees will have 6 consecutive days off, including 5 Lunar New Year holidays as prescribed by the State and 1 compensatory day off (coinciding with the regular Sunday).
Note: The above Lunar New Year holiday schedule is for reference only. The decision on the 2024 Lunar New Year holiday schedule will depend on each enterprise.
What are regulations on wage for employees working during the 2024 Tet holidays in Vietnam?
According to Article 98 of the Labor Code 2019 on overtime pay and night work pay:
Overtime pay, night work pay
1. Employees who work overtime are paid according to the wage unit price or actual wage for the ongoing work as follows:
a) On regular days, at least 150%;
b) On weekly days off, at least 200%;
c) On public holidays, Tet holidays, paid leave days, at least 300% in addition to the regular wages of public holidays, Tet holidays, and paid leave days for employees paid on a daily basis.
2. Employees who work at night are paid an additional 30% of the wage unit price or actual wage for the ongoing work of a regular working day.
3. Employees who work overtime at night, in addition to the pay provided in clauses 1 and 2 of this Article, are also paid an additional 20% of the wage unit price or actual wage for the night work of a regular day, a weekly day off, or a public holiday, Tet holiday.
4. The Government of Vietnam provides detailed regulations on this Article.
Hence, according to the above regulation, employees working during the 2024 Tet holidays will be entitled to the following wage:
- At least 300% in addition to the regular wages of public holidays, Tet holidays, and paid leave days for employees paid on a daily basis.
For night work, employees will also be paid an additional 30% of the wage unit price or actual wage for the ongoing work of a regular working day and an additional 20% of the wage unit price or actual wage for the night work of a weekly day off or a public holiday, Tet holiday.
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