01:22 | 31/08/2024

What is the salary for probationary employees during the Tet Holiday 2024? How many days off are probationary employees entitled to in Tet Holiday in Vietnam in 2024?

<h3>How much salary will probationary employees receive during the 2024 Lunar New Year holiday? - question from Mr. L.D (Tien Giang)</h3>

How many days off are probationary employees entitled to in Tet Holiday in Vietnam in 2024?

According to the provisions of Clause 1, Article 112 of the Labor Code 2019, the regulations are as follows:

Public Holidays 

1. Employees are entitled to fully paid leave on the following public holidays and Tet holiday:

a) New Year's Day: 01 day (January 01);

b) Tet Holiday: 05 days;

c) Victory Day: 01 day (April 30);

d) International Labor Day: 01 day (May 01);

dd) National Day: 02 days (September 02 and 01 adjacent day before or after);

e) Hung Kings' Commemoration Day: 01 day (March 10 of the lunar calendar).

2. Foreign employees working in Vietnam, in addition to the holidays prescribed in Clause 1 of this Article, are entitled to an additional 01 traditional New Year's Day and 01 National Day of their country.

3. Annually, based on actual conditions, the Prime Minister of the Government of Vietnam decides the specific holidays as prescribed in Points b and đ of Clause 1 of this Article.

According to the above regulations, employees are entitled to 05 days off for the Tet Holiday without distinguishing between official employees and probationary employees.

The specific Tet Holiday holiday schedule for 2024 for probationary employees is as follows:

Based on the provisions of Article 112 of the Labor Code 2019, probationary employees are entitled to 05 days off with full pay for the Tet Holiday.

Moreover, Section 5 of the Notification 5015/TB-LDTBXH 2023 clearly outlines the Tet Holiday holiday options for 2024 for probationary employees as follows:

- For the Tet Holiday holiday: Employers may choose either 01 day at the end of the Year of the Cat and 04 days at the beginning of the Year of the Dragon or 02 days at the end of the Year of the Cat and 03 days at the beginning of the Year of the Dragon or 03 days at the end of the Year of the Cat and 02 days at the beginning of the Year of the Dragon.

- Notify the Tet Holiday holiday plan for 2024 to probationary employees at least 30 days in advance.

- If the weekly day off coincides with the public holiday or Tet Holiday day as stipulated in Clause 1, Article 112 of the Labor Code 2019, probationary employees are entitled to compensatory leave for the weekly day off on the next working day as provided in Clause 3, Article 111 of the Labor Code 2019.

- Employers are encouraged to apply the same Tet Holiday holiday duration for probationary employees as for officials and public employees.

What is the salary for probationary employees during the Lunar New Year 2024? How many days off do probationary employees get for Tet?

What is the salary for probationary employees during the Tet Holiday 2024? How many days off are probationary employees entitled to in Tet Holiday in Vietnam in 2024? (Image from the Internet)

What is the salary for probationary employees during the Tet Holiday in Vietnam in 2024?

According to Article 26 of the Labor Code 2019, the regulations are as follows:

Probationary Salary

The salary for probationary employees shall be agreed upon by both parties but must be at least 85% of the wage for that job.

Probationary employees will receive a salary as agreed with the employer; however, the minimum wage for probationary employees must be at least 85% of the wage for that job.

Based on the provisions of Clause 1, Article 112 of the Labor Code 2019, the regulations are as follows:

Public Holidays and Tet Holiday

1. Employees are entitled to fully paid leave on the following public holidays and Tet holiday:

a) New Year's Day: 01 day (January 01);

b) Tet Holiday: 05 days;

c) Victory Day: 01 day (April 30);

d) International Labor Day: 01 day (May 01);

dd) National Day: 02 days (September 02 and 01 adjacent day before or after);

e) Hung Kings' Commemoration Day: 01 day (March 10 of the lunar calendar).

2. Foreign employees working in Vietnam, in addition to the holidays prescribed in Clause 1 of this Article, are entitled to an additional 01 traditional New Year's Day and 01 National Day of their country.

3. Annually, based on actual conditions, the Prime Minister of the Government of Vietnam decides the specific holidays as prescribed in Points b and đ of Clause 1 of this Article.

Thus, on the Tet Holiday holiday 2024, probationary employees will be off and receive full pay. The daily wage on the Tet Holiday holiday will be based on the agreed-upon probationary salary.

How is the salary calculated for probationary employees working during the Tet Holiday in Vietnam in 2024?

According to the provisions of Article 98 of the Labor Code 2019, the regulations are as follows:

Overtime Pay, Night Work Pay

1. Employees working overtime shall be paid based on the wage unit price or the actual wage paid for the job as follows:

a) On regular days, at least 150%;

b) On weekly days off, at least 200%;

c) On public holidays, Tet holidays, paid days off, at least 300% excluding the wage for the public holidays, Tet holidays, paid days off for employees who receive daily wages.

2. Employees working at night shall be paid at least an additional 30% of the wage calculated based on the wage unit price or the actual wage paid for the normal workday.

3. Employees working overtime at night, in addition to the wage as prescribed in Clauses 1 and 2 of this Article, shall be paid at least an additional 20% of the wage calculated based on the wage unit price or the actual wage paid for the daytime job of the normal workday or the weekly day off or the public holiday, Tet holiday.

4. the Government of Vietnam shall detail this Article.

In the case of probationary employees working during the Tet Holiday holiday 2024, they are entitled to receive at least 300% of their wage excluding the wage for the public holiday for employees who receive a daily wage.

Employees working at night during the Tet Holiday holiday 2024 shall be paid an additional 30% of the wage calculated based on the wage unit price or the actual wage for the normal workday and an additional 20% of the wage calculated based on the wage unit price or the actual wage for the daytime job of the public holiday.

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