Are employees paid at the beginning of the month or at the end of the month in Vietnam?

Are employees paid at the beginning of the month or at the end of the month in Vietnam?

Hello! I am a private school kindergarten teacher. I want your support to help me pay teachers' salaries for the month. My school sometimes pays at the beginning of the month, sometimes at the end of the month. When I had a question, the accountant said that teacher salaries must be paid at the end of the month, not at the beginning of the month. So are they doing it wrong?

Reply:

According to Article 97 of the 2019 Labor Code stipulates the salary payment time as follows:

1. An employer who receives an hourly, daily or weekly salary shall be paid after every working hour, day or week respectively, or shall receive a sum within not more than 15 days as agreed by both parties.

2. An employee who receives a monthly or bi-weekly salary shall be paid after every month or every two weeks respectively. The payment time shall be periodic and agreed upon by both parties.

3. An employee who receives a piece rate or a fixed amount shall be paid as agreed by both parties. In case a task cannot be completed within one month, the employee shall receive a monthly advance payment based on the amount of work done in the month.

4. In case of a force majeure event in which the employer is unable to pay the employee on schedule after all remedial measures have been implemented, the salary shall be paid within 30 days. In case a salary is paid at least 15 days behind schedule, the employer shall pay the employee a compensation that is worth at least the interest on the amount paid behind schedule at the latest 1-month interest rate quoted by the bank at which the employee’s salary account is opened.

Thus, based on the above regulations in Vietnam, payment at the beginning or end of the month will be agreed upon by both parties. According to this Article, you can review the employment contract to know when the school and you sign the labor contract and stipulate when to receive salary (is there a specific date). Therefore, we cannot determine whether the school committed a violation or not.

However, the fixed time for salary payment is a certain time. Please follow the above regulations to do it correctly in Vietnam.

Are employees paid at the beginning of the month or at the end of the month in Vietnam? (Image from the Internet)

If I don't get paid enough, will I not have to report and resign my job right away in Vietnam?

Let me ask, I have been working at the company for 7 months, but for the past 2 months the boss has not paid me enough salary as in the signed contract (salary paid via card), nor is it due to unforeseen events that I have given but the boss said it was okay to accept it like that. In this case, I don't want to work anymore, can I just quit without notice?

Reply:

Pursuant to Point b, Clause 2 Article 35 of the 2019 Labor Code stipulates as follows:

2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

d) is sexually harassed in the workplace;

dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

Thus, for failure to pay full salary to employees, it is completely allowed to unilaterally terminate without prior notice. However, you need to have a basis and basis for this, such as whether it is true through your bank account or not, to exercise your rights in Vietnam.

What is salary payment for working on the September 2 ceremony in Vietnam? 

My company gave me the day off on September 2 and September 3 for the National Day holiday, but I did OT (overtime) on both days. Let me ask, normally you would multiply 3 by 2/9. So how will I pay on September 3?

Reply:

According to the provisions of Article 112 of the 2019 Labor Code, employees are entitled to take time off from work and receive full pay during holidays, next year:

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).

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.

Thus, from 2021, employees will have 2 days off for the National Day holiday in Vietnam. Therefore, in case your company has a holiday policy on September 2 and September 3 and you still go to work during these two days, it will be calculated as follows:

In Clause 1 Article 98 of the 2019 Labor Code 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.

Therefore, if you go to work on September 2 and 3, you will receive at least 300%, not including your normal daily salary in Vietnam.

Best regards!