Vietnam: What is the holiday schedule for Hung Kings Commemoration Day 2024? What are the fines imposed on enterprises forcing their employees to work on Hung Kings Commemoration Day?
What is Hung Kings Commemoration Day?
Hung Kings Commemoration Day is a great festival to commemorate and express gratitude for the founding merits of the Hung Kings, the first kings of the nation.
According to legend, Lac Long Quan and Au Co are considered primitive ancestors of the Vietnamese people, and parents of the Hung Kings. The Hung Temple Festival is also known as the Hung Kings Commemoration Day. Every year, the Hung Temple Festival is usually held at the Hung Temple Historical relic (Viet Tri City); communes and wards on the edge of Hung Temple; relics dedicated to Hung Kings and famous people and generals of the Hung Kings period in Phu Tho province.
Thus, Hung Kings Commemoration Day is a major traditional holiday across the country, taking place on the 10th day of the 3rd month of the lunar calendar every year.
What is the holiday schedule for Hung Kings Commemoration Day 2024 in Vietnam?
Under Article 112 of the Labor Code 2019, the holiday schedule for Hung Kings Commemoration Day 2024 is specified as follows:
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.
In addition, Article 111 of the Labor Code 2019 stipulates:
Weekly breaks
1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.
3. In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.
Thus, according to point e, clause 1, Article 112 of the 2019 Labor Code, employees are entitled to take 01 fully paid day off on Hung Kings Commemoration Day 2024 (March 10 in the lunar calendar), ie Thursday, April 18, 2024 in the solar calendar.
Employees are entitled to take 2 days off on April 18, 2024 and the next working day if Hung Kings Commemoration Day 2024 coincides with weekly breaks.
What are the fines imposed on enterprises forcing their employees to work on Hung Kings Commemoration Day in Vietnam?
Under Article 18 of Decree 12/2022/ND-CP specifying the fines:
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.
Under Clause 1 Article 6 of Decree 12/2022/ND-CP as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
2. The penalties imposed by the officials competent to impose penalties as prescribed in Chapter V of this Decree are incurred by violating individuals;
...
Therefore, individual employers forcing their employees to work on Hung Kings Commemoration Day in Vietnam may be fined from VND 10,000,000 to VND 20,000,000.
Note: The above fine is imposed on individuals, the fine imposed on enterprises will be doubled.
Thư Viện Pháp Luật