When is the holiday schedule for Hung Kings Commemoration in 2022? How many days off for it? How do employees who go to work on public holidays get paid?
When is the holiday schedule for Hung Kings Commemoration?
Pursuant to Article 112 of the Labor Code 2019 of Vietnam on public holidays:
“Article 112. 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 law of Vietnam, on the annual Hung Kings Commemoration Day, employees will have 01 working day off and receive full salary during the holiday.
The Hung Kings Commemoration Day in 2022 is on Sunday, April 10, 2022.
The Hung Kings Commemoration Day in 2022
How many days off do employees have on the Hung Kings Commemoration Day in 2022?
Because this year's Hung Kings Commemoration Day in coincidence with Sunday, employees will be entitled to an extra day off on Monday, April 11, 2022. Thus, employees will be entitled to a total of 2 consecutive days off.
How do employees who go to work on Hung Kings Commemoration Day get paid?
According to the provisions of Article 55, Article 56, Article 57 of Decree 145/2020/ND-CP of Vietnam on overtime wages, nighttime wages and nighttime overtime wages are as follows:
"Article 55. Overtime pay
Overtime pay prescribed in Clause 1 Article 98 of the Labor Code is elaborated as follows:
1. An employee receiving time-based salaries will receive overtime pay for working outside of the normal working hours prescribed in Article 105 of the Labor Code shall be calculated as follows:
Overtime pay
=
Hourly salary in a normal working day (normal hourly salary)
Where:
a) Hourly salary in a normal working day (hereinafter referred to as “normal hourly salary”) is the actual salary of the work in the month or week in which the employee works overtime (excluding overtime pay, night work pay, salary of public holidays and paid leave prescribed by the Labor Code; bonuses prescribed in Article 104 of the Labor Code; rewards for innovation; mid-shift meal allowance, allowances for travel, communication, housing, daycare, infant care; financial assistance upon death or marriage of a family member, the employee’s birthday, occupational diseases, other allowances and benefits that are not relevant to the performance of the works or position specified in the employment contract) divided by (:) the total number of working hours of the same month or week, which must not exceed the number of normal working days of a month and normal working hours of a day or a week as decided by the enterprise, excluding overtime hours;
b) At least 150% of the normal hourly salary in case of overtime work on normal days; at least 200% of the normal hourly salary in case of overtime work during weekly breaks; at least 300% of the normal hourly salary in case of overtime work during public holiday or paid leave, excluding the daily salary during public holidays or paid leave in case the employee receives daily salary.
2. Employees receiving piece rate pay will be receive overtime pay for working outside of the normal working hours in order to increase the quantity or volume of products according to the productivity norms under agreement with the employer. Overtime pay will be calculated as follows:
Overtime pay
=
Piece rate in a normal working day (normal piece rate)
Where:
At least 150% of the normal piece rate in case of overtime work on normal days; at least 200% of the normal piece rate in case of overtime work during weekly breaks; at least 300% of the normal piece rate in case of overtime work during public holidays or paid leave.
3. Employees that work overtime during public holidays that are also weekly breaks will receive the overtime pay for working during public holidays. Employees that work overtime on compensatory days off that are also weekly breaks will receive the overtime pay for working during weekly breaks.
Article 56. Night work pay
Night work pay prescribed in Clause 2 Article 98 of the Labor Code is elaborated as follows:
1. Night work pay for employees receiving time-based salaries:
Night work pay
=
Normal hourly salary
Where: Normal hourly salary is determined in accordance with Point a Clause 1 Article 55 of this Decree.
2. Night work pay for employees receiving piece rate pay:
Night work pay
=
Normal piece rate
"Article 57. Night overtime pay
Employees who work overtime at night as prescribed in Clause 3 Article 98 of the Labor Code will receive overtime pay as follows:
1. For employees receiving time-based salaries:
Night overtime pay
=
Normal hourly salary
Where:
a) Normal hourly salary is determined in accordance with Point a Clause 1 Article 55 of this Decree;
b) Daytime hourly salary of a normal working day, during weekly breaks, public holiday or paid leave is determined as follows:
b1) Daytime hourly salary of a normal working day shall be at least 100% of the normal hourly salary if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal hourly salary if the employee works overtime during the daytime of the same day (before the night work);
b2) Daytime hourly salary during weekly breaks shall be at least 200% of the normal hourly salary;
b3) Daytime hourly salary during public holidays or paid leave shall be at least 300% of the normal hourly salary.
2. For employees receiving piece rate pay:
Night overtime pay
=
Normal piece rate
Daytime piece rate of a normal working day, during weekly breaks, public holidays or paid leave is determined as follows:
a) Daytime piece rate of a normal working day shall be at least 100% of the normal piece rate if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal piece rate if the employee works overtime during the daytime of the same day (before the night work);
b) Daytime piece rate during weekly breaks shall be at least 200% of the normal piece rate;
c) Daytime piece rate during public holidays or paid leave shall be at least 300% of the normal piece rate."
Thus, employees who go to work on the Hung Kings Commemoration Day will receive at least 300% of their salary, excluding the salary of that holiday. More specifically, the employee will receive 400% of the salary of that working day.
If the employee works overtime at night on Hung Kings Commemoration Day, he/she will receive at least 490% of the salary of the normal working day.
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