Vietnam: How many days are employees on the probation period entitled to the Lunar New Year holiday in 2024? What are the salaries paid to employees on the probation period during the Lunar New Year holiday in 2024?
- How many days are employees on the probation period in Vietnam entitled to the Lunar New Year holiday in 2024?
- What are the salaries paid to employees on the probation period in Vietnam during the Lunar New Year holiday in 2024?
- What is the calculation of salaries paid to employees on the probation period working during the Lunar New Year 2024 in Vietnam?
How many days are employees on the probation period in Vietnam entitled to the Lunar New Year holiday in 2024?
Under the provisions of Clause 1, Article 112 of the Labor Code 2019:
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.
According to the above regulations, employees in Vietnam shall take 05 days off during the Lunar New Year holiday of 2024 regardless of whether they are official employees or employees on the probation period.
The schedule of the Lunar New Year holiday 2024 for employees on the probation period in Vietnam is as follows:
Under the provisions of Article 112 of the Labor Code 2019, employees on the probation period shall take 05 days off and receive full salary during the Lunar New Year holiday 2024.
At the same time, in Section 5 of Notice 5015/TB-LĐTBXH in 2023, the schedule of the Lunar New Year holiday 2024 for employees on the probation period in Vietnam is specified as follows:
- The Lunar New Year holiday may include 01 ending day of the year 2023 and 04 beginning days of the year 2024 of the lunar calendar, or 02 ending days of the year 2023 and 03 beginning days of the year 2024 of the lunar calendar, or 03 ending days of the year 2023 and 02 beginning days of the year 2024 of the lunar calendar.
- The National Day holiday may include September 02, 2024 and either September 01, 2024 (Sunday) or September 03, 2024 (Tuesday) of the solar calendar.
- The holiday schedule for the Lunar New Year and National Day in 2024 shall be notified to employees at least 30 days before implementation.
- In case a weekly day off coincides with a public holiday prescribed in Clause 1 Article 112 of the Labor Code, employees will have compensatory time off on the next business day as prescribed in Clause 3 Article 111 of the Labor Code 2019.
- Employers are encouraged to adopt the same Lunar New Year holiday schedule for their employees as officials and public employees.
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What are the salaries paid to employees on the probation period in Vietnam during the Lunar New Year holiday in 2024?
Under Article 26 of the Labor Code 2019, there are the following provisions:
Probationary salary
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Accordingly, employees on the probation period in Vietnam will receive salaries as agreed with employers. However, salaries paid to employees on the probation period in Vietnam will not be lower than 85% of the offered salary.
Under the provisions of Clause 1, Article 112 of the Labor Code 2019:
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.
Thus, on the Lunar New Year holiday 2024, employees on the probation period will be entitled to leave and full salary. Accordingly, the salaries paid to employees on the probation period in Vietnam during the Lunar New Year holiday 2024 will be determined based on the agreed probationary salary.
What is the calculation of salaries paid to employees on the probation period working during the Lunar New Year 2024 in Vietnam?
Under the provisions of Article 98 of the Labor Code 2019 as follows:
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.
Accordingly, employees on the probation period working during the Lunar New Year 2024 shall entitled to a salary of at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
In addition to the salary specified above, an employee who works at night during the Lunar New Year 2024 will be paid an additional amount of at least 30% of the normal salary and an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
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