How many days off will cadres, civil servants, public employees, employees be entitled to during 2024 New Year Holiday in Vietnam?

How many days off will cadres, civil servants, public employees, employees be entitled to during 2024 New Year Holiday in Vietnam?

For cadres, civil servants, public employees:

Pursuant to Article 13 of the Law on Public Employees in 2010 stipulating as follows:

Rights of public employees to rest

1. To be entitled to annual leave, public holidays, and leave for personal matters in accordance with the provisions of the labor law. In case of work requirements, public employees do not use or use up all annual leave days, they will be paid a sum of money for those days not taken.

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Pursuant to Article 13 of the Law on Cadres, Civil servants in 2008 stipulating the rights of cadres, civil servants to rest as follows:

Rights of cadres, civil servants to rest

Cadres, civil servants are entitled to annual leave, public holidays, and leave to resolve personal matters in accordance with the provisions of the labor law. In case of work requirements, cadres and civil servants do not use or use up all annual leave days, in addition to salary, they will also be paid an additional amount of money equal to the salary for those days not taken.

For employees:

Pursuant to Article 112 of the Labor Code in 2019 stipulating 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);

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Pursuant to Article 111 of the Labor Code in 2019 stipulating weekly breaks as follows:

Weekly breaks

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3. In case a public holiday falls on an employee’s weekly break coincide 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.

Therefore, 2024 New Year Holiday will be on Monday (January 1, 2024).

Cadres, civil servants, public employees, employees will have the following 2024 New Year Holiday schedule:

Case 1: 2 consecutive days off are Sunday and Monday (if working on Saturday).

Case 2: 3 consecutive days off are Saturday, Sunday, and Monday (if Saturday is a day off).

Note: For employees whose weekly off day coincides with 2024 New Year Holiday, the employee will be granted an additional 1 day off.

What are the fines for forcing employees in Vietnam to work on New Year Holiday?

Pursuant to Article 18 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on working hours and rest periods as follows:

Violations against regulations on working hours and rest periods

1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;

b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Applying normal working hours exceeding the working hours prescribed by law;

b) Mobilizing employees to work overtime without their consent, except for the cases specified in Article 108 of the Labour Code.

4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;

dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.

As regulations above, a fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for forcing employees in Vietnam to work on New Year Holiday.

Note: The above fines apply to individuals; in case of fines, the sanctioning authority for organizations is twice the sanctioning authority for individuals (Article 6 of the Decree 12/2022/NĐ-CP).

Is there any interest for salary advances in 2024 New Year Holiday in Vietnam?

Pursuant to Article 101 of the Labor Code in 2019 stipulating salary advances as follows:

Salary advances

1. An employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties.

2. The employer must make the advance payment to the employee for the number of days the employee temporarily leaves his/her work in order to perform duties of citizens for a period of 01 week or longer, but the advance shall not exceed 01 month’s salary. The employee must reimburse the advance.

An employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.

3. When taking annual leave, an employee shall receive an advance payment of at least salary for the entitled days of leave.

As regulations above, when the employer agrees to advance wages for New Year's Day 2024, the employee will not be charged interest on the advance.

Best regards!