Notification 5015/TB-LDTBXH 2023 finalizing the official 7-day Lunar New Year holiday schedule for 2024.
Notice 5015/TB-LDTBXH on the official 2024 Lunar New Year holiday lasting 7 days?
On November 22, 2023, the Minister of Labor, Invalids and Social Affairs issued Notice 5015/TB-LDTBXH in 2023 regarding the Lunar New Year holiday and National Day Holiday 2024 for officials, public employees, and laborers, issued by the Ministry of Labor, Invalids and Social Affairs.
In Section 1 of Notice 5015/TB-LDTBXH in 2023, it is clearly stated the 2024 Lunar New Year holiday schedule for officials and public employees as follows:
1. Officials, public employees, and laborers of administrative, non-business, political, political-social organizations (hereinafter referred to as officials and public employees) will have their 2024 Lunar New Year holiday from Thursday, February 08, 2024 (Gregorian calendar) (i.e., 29th day of the 12th lunar month of the Year of the Cat) to the end of Wednesday, February 14, 2024 (Gregorian calendar) (i.e., 5th day of the 1st lunar month of the Year of the Dragon). This period includes 05 Lunar New Year holidays and 02 compensatory days off for weekend breaks as prescribed in Clause 3, Article 111 of the Labor Code.
Officials and public employees will have their 2024 Lunar New Year holiday from Thursday, February 08, 2024 (Gregorian calendar) (i.e., 29th day of the 12th lunar month of the Year of the Cat) to the end of Wednesday, February 14, 2024 (Gregorian calendar) (i.e., 5th day of the 1st lunar month of the Year of the Dragon).
In addition, Section 5 of Notice 5015/TB-LDTBXH in 2023 specifies the Lunar New Year holiday schedule for laborers as follows:
5. For laborers not falling under the groups specified in Clause 1 of this Notice, employers will decide and choose the Lunar New Year holiday and National Day Holiday 2024 as follows:
- For the Lunar New Year holiday: 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.
- For the National Day Holiday: Monday, September 2, 2024 (Gregorian calendar) and choose either Sunday, September 1, 2024, or Tuesday, September 3, 2024 (Gregorian calendar).
- Notify laborers of the Lunar New Year holiday and National Day Holiday plans at least 30 days before implementation.
- If the weekly rest day coincides with a holiday as prescribed in Clause 1, Article 112 of the Labor Code, laborers are entitled to compensatory rest on the next working day as prescribed in Clause 3, Article 111 of the Labor Code.
- Employers are encouraged to apply the Lunar New Year holiday schedule for laborers as prescribed for officials and public employees.
For laborers, employers decide and choose the 2024 Lunar New Year holiday plan as follows:
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.
The above information pertains to the 2024 Lunar New Year holiday schedule for officials, public employees, and laborers.
Notice 5015/TB-LDTBXH 2023 finalizes the official 2024 Lunar New Year holiday lasting 7 days (Image from the Internet)
Is it mandatory for businesses to pay Tet bonuses to employees in cash?
Firstly, regarding the definition, a bonus is understood as the amount employees are rewarded based on the annual business results and the level of task completion by the employees. The bonus mechanism for employees will vary according to the employer and business owner.
Based on Article 104 of the Labor Code 2019 which regulates bonuses as follows:
Bonus
1. A bonus is an amount of money, assets, or other forms that employers reward employees based on production and business results and the level of task completion by the employees.
2. The bonus regulation is decided by the employer and publicly announced at the workplace after consulting the representative organization of laborers at the grassroots level for places with such a representative organization.
Thus, employers are not mandated to pay Tet bonuses to employees. It depends on the business situation of the enterprise and the work efficiency of the employees whether the employer decides to give a Tet bonus or not.
Additionally, according to current regulations, employers are not required to pay Tet bonuses in cash to employees. Instead, employers can reward employees with assets or other forms.
Do employees who work during Tet holiday receive bonuses?
According to Article 104 of the Labor Code 2019 regulating bonuses as follows:
Bonus
1. A bonus is an amount of money, assets, or other forms that employers reward employees based on production and business results and the level of task completion by the employees.
2. The bonus regulation is decided by the employer and publicly announced at the workplace after consulting the representative organization of laborers at the grassroots level for places with such a representative organization.
Furthermore, according to Article 98 of the Labor Code 2019 which outlines that employees working on holidays, Tet, and paid leave days will receive wages as follows:
- On holidays, Tet, paid leave days, employees are entitled to at least 300% of their salary, excluding the wages for holiday, Tet, and paid leave days for those working on a daily wage basis.
For work done at night, employees will be paid an additional 30% of the wage calculated according to the unit wage or actual paid wage of the ordinary working day, plus 20% of the wage calculated according to the unit wage or wage for daytime work during Tet.
Thus, employees working during Tet holidays will receive overtime pay. Regarding bonuses, if the company and employee have agreed on an additional bonus, those working during Tet will receive an additional reward.
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