What are travel allowances payment for employees when annual leave is included in Tet leave in Vietnam?
What is travel allowance payment for employees when annual leave is included in Tet leave in Vietnam? What is salary payment for employees who work on Tet in Vietnam? What are regulations on public holidays for employees in Vietnam?
Hello, Lunar New Year is coming soon, I am planning to add my annual leave to Tet leave and take a leave of absence. When I return home, I often travel by bus, and when I return home during holidays or annual leave, my workplace always supports me with a sum of money. Only this year, I want to combine my annual leave and Tet holiday with one vacation so that I can stay for Tet next year. I want to ask, if this year I combine both annual leave and New Year's leave to take time off, what is travel allowance payment for me? If I want to stay for Tet next year, what is calculation for my Tet salary?
Please advise. Thankyou.
What are travel allowances payment for employees when annual leave is included in Tet leave in Vietnam?
Article 67 of Decree 145/2020/ND-CP regulates travel allowances, salary during travel, annual leave and other paid leave days as follows:
1. Travel allowances and salary during travel in addition to annual leave prescribed in Clause 6 Article 113 of the Labor Code shall be negotiated by both parties.
2. The salary as the basis for paying an employee during paid personal leave, annual leave and public holidays according to Article 112, Clause 1 and Clause 2 Article 113, Article 114, Clause 1 Article 115 of the Labor Code is the salary written in his/her employment contract that is effective at that time.
3. The salary as the basis for paying an employee for untaken annual leave days according to Clause 3 Article 113 of the Labor Code is the salary written in his/her employment contract of the month preceding the month in which the employee resigns or loses his/her job.
Clause 6, Article 113 of the 2019 Labor Code regulates annual leave as follows:
6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.
The law stipulates that for annual vacations in Vietnam, if employees travel by road, rail, water, the employee's transportation costs during these days will be agreed between the employee and the employer.
So, when you combine annual leave and Tet leave to take time off, your transportation costs will be agreed between you and the place where you work in Vietnam.
What is salary payment for employees who work on Tet in Vietnam?
Article 98 of the 2019 Labor Code regulates 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.
Employees who work overtime on New Year's Day are paid at least 300% of their salary, not including holiday pay. If an employee works overtime at night on a New Year's Day, the employee will also receive an additional payment equal to at least 30% of the salary calculated according to the salary unit price or actual salary paid according to the work of a normal working day and additional 20% of salary calculated based on salary unit price or salary based on work done during the day on holidays in Vietnam.
So, if you stay to work on Tet, you will be paid at least 400% of your salary and if you work overtime on Tet, you will also be paid at least 30% of your salary calculated according to the salary unit price or salary in vietnam. Actual pay is based on the work of a normal working day and an additional 20% of the salary calculated based on the salary unit price or salary based on work performed during the day on holidays.
What are regulations on public holidays for employees in Vietnam?
Article 112 of the 2019 Labor Code regulates holidays and New Year holidays for employees 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 the legal regulations on holidays and New Year for employees in Vietnam.
Best regards!
