Vietnam: What is the option for the 7-day Lunar New Year holiday 2024? How long does the expected Lunar New Year holiday 2024 last?
What is the option for the 7-day Lunar New Year holiday 2024? How long does the expected Lunar New Year holiday 2024 last?
The Ministry of Labor, War Invalids, and Social Affairs is collecting opinions from ministries and branches to submit to the Prime Minister of Vietnam the proposed option for the Lunar New Year holiday 2024. Accordingly, two options are proposed for the longest holiday of the year.
For civil servants and public employees
Option 1
Accordingly, civil servants and public employees shall take the Lunar New Year holiday 2024 from December 29 (i.e.Thursday, February 8, 2024 in the solar calendar) to January 5 (i.e. Wednesday, February 14, 2024 in the solar calendar).
With this option, on the occasion of the Lunar New Year 2024, civil servants and public employees will have 7 days off (including 5 days off for the Lunar New Year and 2 days off to compensate for weekly beaks as prescribed in Clause 3, Article 111 of the Labor Code 2019)
Option 2
The Ministry of Labor, War Invalids and Social Affairs recommends 1 day off before Tet and 4 days after Tet. Accordingly, civil servants and public employees shall take the Lunar New Year holiday 2024 from Friday, February 9, 2024 to Thursday, February 15, 2024 (i.e. December 30 to January 6).
With this option, on the occasion of Lunar New Year 2024, civil servants and public employees will also have 7 days off (including 5 days off for Lunar New Year and 2 days off to compensate for weekly beaks, as prescribed in Clause 3, Article 111 of the Labor Code 2019)
According to the Ministry of Labor, Invalids, and Social Affairs, both proposed options have the same number of days off, but this ministry recommends choosing option 1 because it ensures harmony in the time off before and after Tet.
Thus, it is expected that cadres, civil servants, and public employees will have a 7-day Lunar New Year 2024 holiday.
For employees, the Ministry of Labor, Invalids and Social Affairs said that based on actual conditions and the leave schedule applied to civil servants and public employees, employers arrange the Lunar New Year holiday schedule. The State encourages enterprises to apply the holiday schedule for employees as for civil servants.
Also according to regulations, enterprises are required to be proactive in holiday schedules, but enterprises must notify employees of the option for the Lunar New Year holiday at least 30 days before implementation.
In addition, the official 2023 Lunar New Year holiday for ministries, civil servants and public employees is from Friday, January 20, 2023 (ie December 29, Year of the Tiger) to Thursday, January 26, 2023 under the solar calendar (i.e. January 5 under Lunar calendar). This holiday includes 05 days off for the Lunar New Year and 02 days off to compensate for weekly beaks as prescribed in Clause 3, Article 111 of the Labor Code 2019.
Thus, compared to the official 2023 Lunar New Year holiday, the proposed number of days off in the Lunar New Year Holiday 2024 is the same, 07 days.
Under the Labor Law of Vietnam, how long does the Lunar New Year holiday 2024 last?
Pursuant to the provisions of Article 112 of the Labor Code 2019 on public holidays 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.
According to the above regulations, employees will be entitled to a 5-day Lunar New Year holiday and receive full pay in accordance with the provisions of the Labor Code.
What is the overtime pay during the Lunar New Year holiday 2024 in Vietnam?
Pursuant to 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.
Thus, the salary paid to employees working during the Lunar New Year holiday 2024 in Vietnam is specified as follows:
- Working during the day: Receive at least 400% of the salary paid on a normal day.
- Working at night: Receive at least 490% of salary paid on a normal day.
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