How many days off are employees in Vietnam entitled to in the New Year Holiday in 2025?
How many days off are employees in Vietnam entitled to in the New Year Holiday in 2025?
Pursuant to Article 112 of the Labor Code 2019 on holidays:
Article 112. Holidays
- Employees are entitled to fully paid leave during the following holidays and Tet:
a) Gregorian New Year: 01 day (January 1);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30);
d) International Labor Day: 01 day (May 1);
e) Hung Kings’ Commemoration Day: 01 day (the 10th day of the 3rd lunar month).
- Foreign employees working in Vietnam are entitled to 01 additional traditional Tet of their homeland and 01 National Day of their country, apart from the holidays stipulated in clause 1 of this Article.
- Every year, based on actual conditions, the Prime Minister of the Government of Vietnam decides on the specific days off stipulated at points b and e of clause 1 of this Article.
The Gregorian New Year marks the celebration of the new year according to the Gregorian calendar, observed on January 1st annually. It is one of the most important and widespread holidays globally, including in Vietnam.
According to the above regulation, employees are entitled to 01 fully paid day off on New Year Holiday. The New Year Holiday in 2025 falls on a Wednesday.
Thus, officials and public employees, as well as employees, are entitled to a day off on January 1, 2025, and will receive full pay. If a weekly rest day coincides with a holiday, the employees are entitled to a compensatory day off on the next working day.
How many days off are employees in Vietnam entitled to in the New Year Holiday in 2025? (Image from the Internet)
Are employers in Vietnam require employees to work overtime on the New Year Holiday in 2025?
Pursuant to Article 107 of the Labor Code 2019 on overtime work:
Article 107. Overtime Work
- Overtime is the period of work beyond normal working hours stipulated by law, a collective labor agreement, or labor regulations.
- Employers can employ employees for overtime when the following conditions are met:
a) The employee consents;
b) Ensuring that the overtime does not exceed 50% of normal working hours in a day; if weekly working hours are applied, the total normal and overtime hours must not exceed 12 hours per day; not more than 40 hours per month;
c) Ensuring that the total overtime in a year does not exceed 200 hours, except for particularly regulated cases in clause 3 of this Article.
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According to the above regulation, employers may engage employees in overtime only with the employee's consent. Therefore, employers cannot mandate employees to work overtime on the New Year Holiday in 2025, except in cases such as:
- Carrying out mobilization orders, ensuring national defense and security tasks as prescribed by law.
- Performing tasks to protect human life and property of agencies, organizations, and individuals in the prevention and recovery from natural disasters, fires, dangerous epidemics, and disasters, except where there is a risk of affecting the life and health of the employee as stipulated by the legal regulations on occupational safety and hygiene.
How many hours off per week are employees in Vietnam entitled to?
Pursuant to Article 111 of the Labor Code 2019 on weekly rest:
Article 111. Weekly Rest
- Each week, employees are entitled to at least 24 consecutive hours of rest. In particular cases due to work cycles, if weekly rest is not feasible, the employer must ensure the employee has an average of at least 04 days off per month.
- Employers have the discretion to arrange weekly rest days on Sundays or other determined days in the week but must state this in the labor regulations.
- If a weekly rest day coincides with a holiday or Tet stipulated in clause 1 of Article 112 of this Code, employees are entitled to a compensatory rest day immediately following the workday.
According to the above regulation, each week, employees are entitled to at least 24 consecutive hours of rest. In particular cases where the work cycle does not allow for weekly rest, the employer must ensure employees have an average of at least 04 days off per month.
