What is the increase rate in the pay of employees in Vietnam entitled to 5-day leave for Victory Day - International Labor Day in Vietnam? What should employees who wish to extend the holiday do?
Why are employees in Vietnam entitled to 5-day leave for Victory Day - International Labor Day in 2023?
Under Article 112 of the Labor Code 2019, the regulations are 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.
Thus, employees are entitled to the following days off:
- Victory Day: 01 day (the 30th of April of the Gregorian calendar);
- International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
- Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
Under Clause 3, Article 111 of the Labor Code 2019, the regulations are as follows:
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 break 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 as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.
Thus, if a weekly break coincides with a public holiday, employees are entitled to compensatory time off on the following working day.
In 2023, the Hung Kings Commemoration Day falls on a Saturday (April 29), directly adjacent to April 30 (Victory Day) and May 1 (International Labor Day).
As these 3 days off are consecutive, officials and public employees will have compensatory time off on the next working day.
Therefore, employees will have at least 04 consecutive days off from Saturday, April 29 to Tuesday, May 2 for units that only have Sunday as a weekly break.
For units with both Saturday and Sunday off every week, the holiday for Victory Day - International Labor Day 2023 will be a 5-day leave.
For agencies and organizations that do not have a fixed 2-day weekend schedule of Saturday and Sunday, the specific rest schedule should be arranged according to the unit's program and plan.
What is the increase rate in the pay of employees in Vietnam entitled to 5-day leave for Victory Day - International Labor Day in Vietnam? What should employees who wish to extend the holiday do?
What is the increase rate in the pay of employees working on Victory Day - International Labor Day in Vietnam?
Under Article 98 of the Labor Code 2019, the regulations 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.
Thus, under these regulations, employees working on Victory Day - International Labor Day are entitled to at least 300% of their daily salary, including holiday salary for daily salary earners.
What should employees who wish to extend the holiday for the Hung Kings Commemoration Day, Victory Day, and International Labor Day 2023 do?
Under Article 115 of the Labor Code 2019, the regulations on personal leave and unpaid leave are as follows:
Personal leave, unpaid leave
1. An employee is entitled to take a fully paid personal leave in the following circumstances, as long as it is notified to the employer in advance:
a) Marriage: 03 days;
b) Marriage of his/her biological child or adopted child: 01 day;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article.
Thus, if employees wish to extend the holiday, they can negotiate with the employer to take unpaid leave.
Under Article 113 of the Labor Code 2019, the regulations on annual leave for employees are as follows:
Annual leave
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
c) 16 working days for employees who do highly laborious, toxic or dangerous works.
2. An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.
4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.
5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.
6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.
7. The Government shall elaborate this Article.
Thus, in addition to taking unpaid leave, employees can use their annual leave to extend their holiday.
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