How much is fine for employers who violate the regulations time on Tet holiday in Vietnam?

How many months until New Year's Day in 2024 in Vietnam?

New Year 2024, also known as Western New Year, is one of the most important holidays, starting a new year for many countries, ethnic groups and cultures around the world. New Year's Day 2024 is the first public holiday of the year and takes place on January 1, 2024, the first day of the year.

From today, August 25, 2023, there are still 4 months left until the 2024 New Year.

How many months until Lunar New Year holiday in 2024 in Vietnam?

Besides New Year's Day 2024, Vietnamese people also have Lunar New Year 2024 (also known as Tet's Holiday) which is an important holiday of Vietnam.

From today, August 29, 2023, there are still 6 months left until Lunar New Year 2024 (Lunar New Year 2024).

What are regulations on employee's 2024 Tet holiday schedule in Vietnam?

Pursuant to Clause 1, Article 112 of the Labor Code 2019 stipulates 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 1^st of January of the Gregorian calendar);

b) Lunar New Year Holidays: 05 days;

c) Victory Day: 01 day (the 30^th of April of the Gregorian calendar);

d) International Labor Day: 01 day (the 1^st of May of the Gregorian calendar);

dd) National Day: 02 days (the 2^nd of September of the Gregorian calendar and the previous or next day);

e) Hung Kings Commemoration Day: 01 day (the 10^th of the third month of the Lunar calendar).

Thus, the 2024 Tet holiday schedule of employees is regulated as follows:

New Year's Eve 2024

On New Year's Day 2024, employees are entitled to 01 day off (January 1 of the calendar year) and receive full salary.

New Year's Eve 2024 on Monday. Therefore, cadres, civil servants, public employees and employees at agencies, units and enterprises will be off for 3 consecutive days, from Saturday, December 30, 2023 to the end of Monday, January 1, 2024.

Except for the case that the employee works on Saturday, he will have 02 consecutive days off, from Sunday December 31, 2023 to the end of Monday, January 1, 2024.

Lunar New Year 2024 (Lunar New Year 2024)

Lunar New Year 2024 (Lunar New Year 2024), employees are entitled to 5 days off and receive full salary.

Expected Lunar New Year holidays 2024 are as follows:

Note: The above holidays and New Year periods are for reference only. Official information will be announced by State agencies in the near future in Vietnam

What is calculation of salaries for employees working on Tet holiday in 2024 in Vietnam?

Pursuant to Article 98 of the Labor Code 2019 stipulating 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, employees who work overtime on New Year's Day are paid at least 300% of the salary, excluding the salary for holidays, New Year's Day and paid leave for employees who receive daily salary in Vietnam.

Employees working at night shall be paid at least 30% of the salary calculated according to the wage unit price or the actual salary paid according to the work of the normal working day in Vietnam.

In addition, employees who work overtime at night, in addition to paying the prescribed salary in Vietnam, the employee is also paid an additional 20% of the salary calculated according to the salary unit price or salary according to the work done during the day of the normal working days or on weekly holidays or on public holidays and New Year holidays.

How much is fine for employers who violate the regulations time on Tet holiday in Vietnam?

Pursuant to Article 18 of Decree 12/2022/ND-CP stipulating 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.

Thus, the employer who violates the provisions of the law on Tet holiday shall be fined from 10,000,000 VND to 20,000,000 VND in Vietnam.

Note: The above penalty applies to individuals; In the case of fines, the authority to sanction an organization is twice the power to sanction an individual (Clause 1, Article 6 of Decree 12/2022/ND-CP ).

Best regards!