Vietnam: What is the latest holiday schedule for April 30th and May 1st, 2024? Will employees be entitled to 5 consecutive days off?
- Vietnam: What is the latest holiday schedule for April 30th and May 1st, 2024? Will employees be entitled to 5 consecutive days off?
- Vietnam: What is the fine imposed upon employers failing to allow employees to take time off on April 30th and May 1st?
- How much are salaries for employees working in Vietnam on April 30th - May 1st, 2024?
Vietnam: What is the latest holiday schedule for April 30th and May 1st, 2024? Will employees be entitled to 5 consecutive days off?
Pursuant to Article 112 of the 2019 Labor Code, the holiday schedule for April 30th and May 1st in 2024 is 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.
Therefore, according to points c and d of Clause 1 of Article 112 of the 2019 Labor Code, the schedule for April 30th and May 1st, 2024 is as follows:
- Victory Day of Vietnam and International Labor Day, workers are entitled to 1 fully paid day off on April 30th and May 1st according to the Gregorian calendar.
- April 30th and May 1st, 2024 fall on Tuesday and Wednesday - working days of the week.
Therefore, the schedule for April 30th and May 1st, 2024 will be 2 days, starting from Tuesday, April 30th, 2024 and ending on Wednesday, May 1st, 2024.
*Note: In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed above, he/she will have compensatory time-off on the next working days. (Clause 3 Article 111 of the 2019 Labor Code).
However, pursuant to Official Dispatch 1511/BLDTBXH-CATLD dated April 11th on proposed swap of working days during the Reunification Day (April 30th) and International Workers' Day (May 1st) holiday of 2024 issued by Ministry of Labor, Invalids and Social Affairs.
Specifically, the Ministry of Labor - Invalids and Social Affairs proposed to swap the working day from Monday (April 29th, 2024) to Saturday (May 4th, 2024) so that officials and public employees can have 5 consecutive days off.
This means officials and public employees will have 05 consecutive days off from April 27th 2024 (Saturday) to May 1st 2024 (Wednesday).
- Agencies and units that apply this schedule shall arrange their departments to work in a reasonable manner to continuously process works and serve the best interest of their organizations and the people.
- Agencies and units that do not take automatic days-off on Saturday and Sunday every week shall arrange their own holiday schedules in accordance with regulations of law.
Vietnam: What is the latest holiday schedule for April 30th and May 1st, 2024? Will employees be entitled to 5 consecutive days off? (Image from the Internet)
Vietnam: What is the fine imposed upon employers failing to allow employees to take time off on April 30th and May 1st?
Pursuant to Article 18 of Decree 12/2022/ND-CP stipulates the following 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.
In addition, Clause 1, Article 6 of Decree 12/2022/ND-CP stipulates 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; an official competent to impose penalties shall have the right to impose a fine which is twice as much as that imposed upon an individual upon an organization for committing the same administrative violation.
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Therefore, individuals who employ employees and do not allow them to take time off on April 30th and May 1st, 2024 will be fined from 10,000,000 to 20,000,000 VND.
The above-mentioned penalty amount is for individuals. The penalty for organizations that violate the same behavior mentioned above is double the penalty for individuals. Therefore, companies that do not allow employees to take time off on the April 30th and May 1st, 2024 may be fined up to 40,000,000 VND.
How much are salaries for employees working in Vietnam on April 30th - May 1st, 2024?
Pursuant to the provisions of Article 98 of the 2019 Labor Code, regulations on overtime pay, night work pay are 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.
Therefore, in the case that employees work on holidays and Tet, they will receive a salary of at least 300%, not including holiday and Tet pay for employees who are entitled to daily wages.
Additionally, if employees work at night, they will receive an additional payment of at least 30% of the normal working day's salary and 20% of the holiday and Tet day's salary.
Therefore, the salary calculation for working during holidays and Tet is as follows:
- Working during the daytime: Receive at least 400% of the salary.
- Working at night: Receive at least 490% of the salary.
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