How many days off shall employees be entitled to on Vietnam National Day? How many days off are there on April 30 and May 1? Is holiday pay covered by the employer or social insurance?
How many days off shall employees be entitled to on Vietnam National Day?
When the new Labor Code takes effect, there will be changes regarding the number of holiday days for employees? How many days off do employees get on September 2?
Answer: Clause 1, Article 112 of the Labor Code 2019 stipulates holidays and Tet holidays as follows:
employees are entitled to time off from work and full pay on the following holidays and Tet holidays:
- New Year's Day: 01 day (January 1 of the Gregorian calendar);
- Lunar New Year: 05 days;
- Victory Day: 01 day (April 30 of the Gregorian calendar);
- International Labor Day: 01 day (May 1 of the Gregorian calendar);
- Vietnam National Day: 02 days (September 2 of the Gregorian calendar and 01 adjacent day before or after);
- Hung Kings' Anniversary: 01 day (March 10 of the lunar calendar).
Thus, from January 1, 2021, onward, employees will have 02 days off for Vietnam National Day (including September 2 of the Gregorian calendar and 01 adjacent day before or after).
Meanwhile, the current Labor Code 2012 only stipulates 01 day off for Vietnam National Day (September 2 of the Gregorian calendar).
How many days off are there on April 30 and May 1 in Vietnam?
How many days off fare there for employees during April 30 and May 1? My employer has weekly days off on Saturdays and Sundays
Answer: According to Clause 1, Article 112 of the Labor Code 2019 regarding holidays and Tet holidays:
- employees are entitled to time off from work and full pay on the following holidays and Tet holidays:
...
c) Victory Day: 01 day (April 30 of the Gregorian calendar);
d) International Labor Day: 01 day (May 1 of the Gregorian calendar);
...
And at Clause 3, Article 111 of this Code, it is stipulated that if the weekly day off coincides with the holidays prescribed in Clause 1, Article 112 of this Code, employees are entitled to compensate their weekly day off by taking a day off on the next working day.
Thus, according to the information you provided, your employer's weekly days off are Saturday and Sunday. Therefore, you will have continuous days off from April 30, 2021, to the end of May 3, 2021.
Is holiday pay covered by the employer or social insurance in Vietnam?
Is holiday pay of September 2 covered by the employer or Social Insurance?
Answer: According to Article 112 of the Labor Code 2019 regarding holidays and Tet holidays, specifically:
- employees are entitled to time off from work and full pay on the following holidays and Tet holidays:
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);
dd) Vietnam National Day: 02 days (September 2 of the Gregorian calendar and 01 adjacent day before or after);
e) Hung Kings' Anniversary: 01 day (March 10 of the lunar calendar).
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Foreign employees working in Vietnam, in addition to the holidays prescribed in Clause 1 of this Article, are entitled to an additional 01 day off for their traditional New Year and 01 day off for their Vietnam National Day.
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Annually, based on actual conditions, the Prime Minister of the Government of Vietnam specifically decides the holidays stipulated in points b and dd, Clause 1 of this Article.
Thus, based on the above regulations, the employer is responsible for paying wages to employees for the holidays and Tet holidays.
Kind regards!
