Method to Calculate Annual Leave for Employees Who Have Not Worked for a Full 12 Months? How Is Salary Paid for Working on Weekly Days Off?

Calculating Annual Leave for Employees Working Less Than 12 Months

Please help provide the method to calculate annual leave for employees who have worked less than 12 months. Thank you.

Answer:

According to Clause 1, Article 66 of Decree 145/2020/ND-CP, the number of annual leave days for employees who have not worked for 12 months as stipulated in Clause 2, Article 113 of the Labor Code is calculated as follows:

Take the number of annual leave days plus the number of additional days off for seniority (if any), divide by 12 months, and multiply by the actual number of working months in the year to calculate the number of annual leave days.

Working Hours, Rest Times in the Labor Regulation

Please explain how working hours and rest times are regulated in the labor regulations.

Answer:

According to Point a, Clause 2 of Article 69 Decree 145/2020/ND-CP, the content regarding working hours and rest times in the labor regulations is as follows:

Working hours, rest times: regulate the normal working hours in 01 day, in 01 week; work shift; start time, end time of the work shift; overtime (if any); overtime in special cases; the time of breaks outside the mid-shift break; shift change breaks; weekly days off; annual leave, personal leave, unpaid leave.

How Is Pay Calculated for Working on Weekly Days Off?

My company works 5 days a week, 8 hours a day. In the case that the employee works from Monday to Friday and is off on Saturday and Sunday. Due to company requirements, if the employee works on Saturday from 7 am to 6 pm, how is the pay calculated? Is it 200% of the salary from 7 am to 6 pm or 200% from 7 am to 4 pm and 250% from 4 pm to 6 pm?

Answer:

According to Clause 2 of Article 107 of the Labor Code 2019, the employer may only use employees for overtime work with the employee's consent (must be documented).

Therefore, if the employee agrees to work overtime, the company is permitted to have overtime work on Saturday.

Clause 1 of this Article stipulates that employees who work overtime are paid based on the wage unit price or the actual paid wage according to the work being done as follows:

- On regular days, at least 150%;- On weekly days off, at least 200%;- On public holidays, New Year holidays, paid leave days, at least 300% excluding the wage for the holiday, on a day off with pay for employees paid on a daily basis.

Thus, since Saturday is a weekly day off, the employee will be paid at least 200% based on the wage unit price or the actual paid wage according to the work being done. (Specific wage calculation: Clause 1 Article 55 of Decree 145/2020/ND-CP).

Respectfully!