What are public holidays of employees in Vietnam?

What are public holidays of employees in Vietnam?

Pursuant to Article 112 of the Labor Code in 2012 stipulating public holidays as follows:

1. Employees shall be entitled to fully paid days off on the following public holidays:

a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);

b) Lunar New Year Holidays: 05 days;

c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);

d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);

dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);

e) Hung Kings Commemoration Day: 01 day (the 10th 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.

Above are public holidays of employees in Vietnam.

What are public holidays of employees in Vietnam? - Source: Internet

What are regulations on salary of employees when working on public holidays in Vietnam?

Pursuant to Article 98 of the Labor Code in 2012 stipulating 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:

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.

2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.

3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.

4. The Government shall elaborate this Article.

Pursuant to Clause 1.b Article 57 of the Decree 145/2020/NĐ-CP stipualting night overtime pay as follows:

b) Daytime hourly salary of a normal working day, during weekly breaks, public holiday or paid leave is determined as follows:

b1) Daytime hourly salary of a normal working day shall be at least 100% of the normal hourly salary if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal hourly salary if the employee works overtime during the daytime of the same day (before the night work);

b2) Daytime hourly salary during weekly breaks shall be at least 200% of the normal hourly salary;

b3) Daytime hourly salary during public holidays or paid leave shall be at least 300% of the normal hourly salary.

Under this regulation, when employees work during public holidays, they will be paid at least 300% of the actual hourly wage paid for the work they are doing on a normal working day.

Are employees in Vietnam entitled to compensatory time-off if the weekly breaks coincide with a public holiday in Vietnam?

Pursuant to Article 111 of the Labor Code in 2012 stipulating weekly breaks as follows:

1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

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.

As regulations above, in case a public holiday falls on an employee’s weekly break coincide with a public holiday, he/she will have compensatory time-off on the next working days.

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