Why do employees in Vietnam have 5 consecutive days off on the occasion of April 30 and May 1, 2023? Going to work on the occasion of April 30 and May 1 this year, how much will the salary increase compared to the normal salary?
Why do employees in Vietnam have 5 consecutive days off on the occasion of April 30 - May 1, 2023?
Pursuant to Article 112 of the 2019 Labor Code of Vietnam stipulating as follows:
Public holidays in Vietnam
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, we can see:
- Hung Kings Commemoration Day: 01 day off (the 10th of the third month of the Lunar calendar).
- Victory Day: 01 day off (the 30th of April of the Gregorian calendar).
- International Labor Day: 01 day off (the 1st of May of the Gregorian calendar).
Pursuant to Clause 3, Article 111 of the 2019 Labor Code of Vietnam 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 day off 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 coinciding with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.
According to the above regulations, in case a public holiday falls on an employee’s weekly break coinciding with a public holiday, he/she will have compensatory time-off on the next working days.
Normally, in previous years, the Hung Kings Commemoration Day (the 10th of the third month of the Lunar calendar) usually falls on midweek days in April.
This year, Hung Kings Commemoration Day is on Saturday (April 29), adjacent to April 30 and International Labor Day (May 1). Due to 3 consecutive days off, civil servants, public employees and employees will have compensatory time-off on the working day of the following week.
Thus, on this occasion, employees will have at least 04 consecutive days off, from Saturday, April 29 to the end of Tuesday, May 2 for units that only take a weekly break on Sunday.
As for the units that are off weekly on both Saturday and Sunday, the holidays of April 30 and May 1 this year will be off for 5 consecutive days.
For agencies and organizations that do not implement a fixed schedule of 2 days off every Saturday and Sunday, based on the specific program and plan of the unit to arrange a suitable holiday schedule.
Why do employees in Vietnam have 5 consecutive days off on the occasion of April 30 and May 1, 2023? Going to work on the occasion of April 30 and May 1 this year, how much will the salary increase compared to the normal salary? (Image from the Internet)
Going to work on the holidays of April 30, May 1, how much will the salary increase compared to the normal salary?
Pursuant to Article 98 of the 2019 Labor Code of Vietnam stipulating 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 in Vietnam, 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, according to the above regulations, employees who go to work on holidays from April 30 to May 1 will be paid a salary of at least 300% of the normal salary, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
What is the form of Holiday Notice on April 30 and May 1?
Currently, the law does not stipulate the Holiday Notice on April 30, May 1. You can refer the following form of notice:
Download the form of Holiday Notice on April 30 and May 1: Click here.
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