Vietnam: The official New Year 2023 holiday schedule of cadres, civil servants, public employees and employees? How many days is New Year's Day 2023 off?
How many days off does New Year's Day of Vietnam 2023 get?
According to the provisions of Article 112 of the Labor Code 2019 of Vietnam:
Article 112. 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, cadres, civil servants, public employees and employees are entitled to a 1-day New Year's holiday.
However, Clause 3, Article 111 of the Labor Code 2019 also stipulates that if the weekly holiday coincides with a public holiday, the employee is entitled to a compensatory weekly holiday on the next working day.
New Year's Day 2023 means that 01/01/2023 falls on Sunday (which is a weekly holiday), so employees are entitled to compensatory leave on Monday 02/01/2023.
Vietnam: The official New Year 2023 holiday schedule of cadres, civil servants, public employees and employees? How many days is New Year's Day 2023 off?
Official New Year 2023 holiday schedule of cadres, civil servants, public employees and employees in Vietnam
New Year's Day holiday 2023 of cadres, civil servants and public employees
Accordingly, cadres, civil servants and public employees are entitled to weekly leave on Saturday, Sunday, New Year holiday 2023 cadres, civil servants and public employees are entitled to 03 consecutive days off (from Saturday, December 31, 2022 to Monday 02/01/2023).
New Year holiday schedule 2023 for employees with 1 day/week leave (Sunday)
During the New Year holiday 2023, employees are entitled to 02 consecutive days off (from Sunday 01/01/2023 to Monday 02/01/2023).
New Year holiday schedule 2023 for employees with 2 days off/week (Saturday, Sunday)
On the occasion of the New Year holiday 2023, employees are entitled to 03 consecutive days off (from Saturday, 31/12/2022 to Monday 02/01/2023).
Salary when working during the New Year holiday 2023
According to the provisions of Article 98 of the Labor Code 2019 of Vietnam, the salary when going to work on New Year's Day 2023 is as follows
Article 98. 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.
In case, enterprises that do not pay wages on Tet holidays will be sanctioned according to the provisions of Clause 2 Article 18 of Decree 12/2022/ND-CP as follows:
Article 18. Violations against regulations on working hours and rest periods
1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;
b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.
2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.
3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Applying normal working hours exceeding the working hours prescribed by law;
b) Mobilizing employees to work overtime without their consent, except for the cases specified in Article 108 of the Labour Code.
4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.
LawNet
