In which cases can employees take more than 4 days off on the National Day 09/02/2023? How are employees' bonuses during the National Day 09/02 regulated?
In which cases can employees take more than 4 days off on 09/02/2023?
On the occasion of the 09/02/2023 holiday, employees can take up to 4 days off. However, employees may be entitled to more than 4 days off in the following cases:
* Employees may use their annual leave
According to the provisions of Clause 1, Article 113 of the Labor Code 2019:
Annual leave
1. Employees who have been working for 12 months for an employer are entitled to fully paid annual leave under the labor contract as follows:
a) 12 working days for employees working in normal conditions;
b) 14 working days for employees who are minors, employees with disabilities, or those doing heavy, hazardous, or dangerous jobs;
c) 16 working days for employees doing particularly heavy, hazardous, or dangerous jobs.
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According to the provisions, when employees have worked for 12 months for an employer, they are entitled to annual leave from 12 to 16 days depending on the nature of their work, and this time will be fully paid.
Additionally, Article 114 of the Labor Code 2019 stipulates that long-term employees are given seniority leave (for every 05 years of work, one additional day of leave is added).
Employees can apply for leave corresponding to their annual leave (before or after the holiday) and take paid leave.
* Employees may request unpaid leave
Article 115 of the Labor Code 2019 stipulates the conditions for unpaid leave as follows:
Personal leave, unpaid leave
1. Employees are entitled to fully paid personal leave and must notify their employer in the following cases:
a) Marriage: 03 days off;
b) Biological or adopted child's marriage: 01 day off;
c) Death of biological or adoptive father, mother; parents-in-law or stepparents of the spouse; spouse; biological or adopted child: 03 days off.
2. Employees are entitled to 01 day of unpaid leave and must notify their employer when their paternal or maternal grandparents, siblings pass away; parents or siblings get married.
3. In addition to the provisions of Clauses 1 and 2 of this Article, employees may agree with the employer on unpaid leave.
Thus, employees can negotiate with their employer about the time for unpaid leave before or after the 09/02 holiday.
How are employee bonuses regulated during the 09/02 National Day holiday?
Article 104 of the Labor Code 2019 regulates bonuses for employees as follows:
Bonuses
1. A bonus is the money, property, or other forms the employer rewards the employee based on production and business results and the level of task completion by the employee.
2. The bonus policy is decided and publicly announced by the employer at the workplace after consulting the representatives of the employee’s organization at the work establishment with such an organization.
Thus, according to the above provisions, the employer will base the bonus on production results, business performance, and the level of task completion by the employee.
The bonus policy is decided and publicly announced by the employer at the workplace after consulting the representatives of the employee’s organization at the establishment, where such an organization exists.
Bonuses during the 09/02/2023 holiday are entirely at the discretion of the company, based on its production and business situation and carried out according to the bonus policy publicly announced by the company.
How is the salary calculated for employees working during the 09/02/2023 holiday?
Article 98 of the Labor Code 2019 provides as follows:
Overtime, nighttime salary
1. Employees working overtime are paid according to the salary unit price or the actual salary as follows:
a) On normal days, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays, Tet holidays, paid leave days, at least 300%, not including the salary of public holidays, Tet holidays, or paid leaves for employees on daily wages.
2. Employees working at night are entitled to extra pay of at least 30% of the salary calculated on the unit price of the salary or the actual salary of the normal working day.
3. Employees working overtime at night, in addition to the salary as stipulated in Clauses 1 and 2 of this Article, are paid an additional 20% of the salary calculated on the unit price of the salary or the daytime salary of the normal working day or weekly rest day or public holiday, Tet holiday.
4. The Government of Vietnam specifies this Article in detail.
Thus, according to the above provisions, if employees work during the 09/02 National Day, they are entitled to a salary of at least 300%, not including the salary of public holidays, Tet holidays, or paid leave days for employees on a daily wage.
Moreover, if employees work at night, they will receive an additional 20% calculated on the unit price of the holiday wage and 30% calculated on the unit price or actual salary of normal working days.
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