Are employees in Vietnam required to work during the Lunar New Year 2025?
During Lunar New Year, for how many minimum days do employees get paid leave?
Based on Article 112 of the Labor Code 2019 on holiday leave:
Article 112. Holiday and Tet leave
- Employees are entitled to paid leave on the following public holidays and Tet:
a) New Year's Day: 01 day (January 1 of the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 1 of the Gregorian calendar);
đ) National Day: 02 days (September 2 of the Gregorian calendar and 01 adjacent day either before or after);
e) Hung Kings Commemoration Day: 01 day (March 10 of the lunar calendar).
- Foreign employees working in Vietnam are entitled to an additional 01 day off for their traditional New Year and 01 day for their National Day, besides the holidays prescribed in clause 1 of this Article.
- Each year, based on actual conditions, the Prime Minister of the Government of Vietnam will specifically decide on the days off prescribed at point b and point đ, clause 1 of this Article.
Thus, during the Lunar New Year of 2025, employees are entitled to a minimum of 5 days of paid leave. Each year, based on actual conditions, the Prime Minister of the Government of Vietnam will specifically decide on the days off for the Lunar New Year.
Are employees required to be on duty during Lunar New Year 2025? (Image from the Internet)
Are employees required to be on duty during Lunar New Year 2025?
Based on Article 59 of Decree 145/2020/ND-CP on employee consent for overtime:
Article 59. Employee consent for overtime work
- Except in cases prescribed in Article 108 of the Labor Code, in other cases when organizing overtime work, the employer must obtain the employee's consent for the following:
a) Overtime hours;
b) Overtime location;
c) Overtime tasks.
- If the employee's consent is formalized in a separate document, refer to Form No. 01/PLIV Annex IV issued together with this Decree.
According to the above regulations, employees are entitled to paid leave during the Lunar New Year. Depending on the demand and agreement of both parties, the employer may propose that employees work overtime during holidays and Tet. Additionally, they must pay corresponding overtime wages according to legal regulations.
The employer may only require an employee to work overtime with the employee's consent.
Thus, employers may propose that employees work or be on duty during Lunar New Year 2025. However, being on duty during Lunar New Year 2025 is not a mandatory obligation for employees.
Note: Except in the following cases, employees cannot refuse:
- The implementation of mobilization orders or requisitions to ensure national defense and security duties as prescribed by law
- Performing tasks to protect human lives and assets of agencies, organizations, and individuals in preventing and mitigating consequences of natural disasters, fires, dangerous epidemics, and calamities, except in cases likely to endanger the life and health of employees as prescribed by law on occupational safety and hygiene
What is the maximum number of overtime hours during Lunar New Year 2025?
Based on Article 60 of Decree 145/2020/ND-CP on the limit on overtime hours:
Article 60. Limit on overtime hours
- The total overtime hours should not exceed 50% of the normal working hours in a day when working overtime on a normal working day, except as prescribed in clauses 2 and 3 of this Article.
- In cases where the normal working hours are applied weekly, the combined total of normal working hours and overtime should not exceed 12 hours in a day.
- For part-time work as regulated in Article 32 of the Labor Code, the sum of normal working hours and overtime should not exceed 12 hours in a day.
4. The total overtime hours should not exceed 12 hours in one day when working overtime during holidays, Tet, and weekly rest days.
- The time specified in clause 1 of Article 58 of this Decree will be considered when calculating the total overtime in a month and a year to determine compliance with points b and c of clause 2, Article 107 of the Labor Code.
According to the above regulations, the total overtime hours should not exceed 12 hours in one day when working overtime during the Lunar New Year of 2025.
