How much salary does an employee receive when working on holiday in Vietnam? Is it legal for the company to force employees working on the April 30 in Vietnam?

How much salary does an employee receive when working on holiday in Vietnam?

Question: According to regulations, how much salary will employees receive when working on holidays? Looking forward to receiving a response soon.

Answer: According to the provisions of Point c, Clause 1, Article 98 of the 2019 Labor Code, there are regulations on overtime pay, night work pay, as follows:

1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:

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.

Thus, according to the above regulations in Vietnam, in case of holidays according to labor law, employees will be entitled to leave with full pay. If working on these days, the employee will receive full salary plus 300% of salary compared to the salary unit price or salary according to the job the employee is doing.

And in Article 112 of the 2019 Labor Code, there is a regulation: 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).

How much salary does an employee receive when working on holiday in Vietnam? Is it legal for the company to force employees working on the April 30 in Vietnam? (Image from the Internet)

If I work on holiday, can I have a compensatory day off on another day in Vietnam? 

I would like to ask if according to labor laws, if I work on holiday, can I have a compensatory day off on another day in Vietnam? 

Answer: According to the provisions of Clause 3, Article 111 of the 2019 Labor Code, there are regulations on Weekly breaks as follows:

3. In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.

Thus, employees will receive compensation leave on the working day of the following week when the weekly day off coincides with a holiday. This means that there are no regulations on compensatory leave for employees working on holidays. According to this Article, employees who work on holidays are only entitled to overtime pay and are not entitled to compensatory leave on another day. However, in reality, you can agree with your employer on the issue of compensatory leave as above.

Is it legal for the company to force employees working on the April 30 in Vietnam? 

My company has a weekly holiday on Sunday. Coming here, April 30 is a Friday, so the company requires warehouse staff to still go to work. So is it legal? I'm very upset.

Answer: According to Article 112 of the 2019 Labor Code, it is stipulated that 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, according to the above regulations in Vietnam, employees are entitled to leave work and receive full salary for the holidays of April 30 and May 1. Regardless of whether that day is a work day, you will still have the holiday off.

In addition, if a company wants to use employees to work overtime on holidays, it must have the employee's consent. If the company requires overtime and the employee does not agree, it is against the regulations (Clause 2, Article 107 of the 2019 Labor Code). Therefore, you can complain to the company director to reclaim your rights.

Best regards!