What is the amount of salary paid to employees in Vietnam when working on the September 2nd holiday?
What is the amount of salary paid to employees in Vietnam when working on the September 2nd holiday? What are regulations on the fully-paid annual leave of employees, who are 17 years old, in Vietnam? Are employees, who haven't been working for an employer for 12 months, entitled to annual leave in Vietnam?
What is the amount of salary paid to employees in Vietnam when working on the September 2nd holiday?
My company allowed employees to take leave on National Day holiday on September 2nd and 3rd. However, I worked extra time on both of the days. I am entitled to 3 times of my salary on September 2nd. What is the amount of my salary on September 3rd?
Answer:
Pursuant to Article 112 of the Labor Code in 2019, employees shall be entitled to fully paid days off on the following public holidays:
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- National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
- Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
As regulations above, from 2021, employees in Vietnam are entitled to 02 days fully paid days off. Therefore, in the case that your company has a policy of taking a holiday on September 2nd and 3rd, and you still go to work on these two days, you salary will be calculated as follows:
Pursuant to Clause 1 Article 98 of the Labor Code in 2019, an employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
- On normal days: at least 150%;
- On weekly days off: at least 200%;
- 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.
In case you worked on September 2nd and 3rd, you shall receive at least 300% the amount based on the actual salary, not including the daily salary.
What is the amount of salary paid to employees in Vietnam when working on the September 2nd holiday? - Image from Internet
What are regulations on the fully-paid annual leave of employees, who are 17 years old, in Vietnam?
My son is 17 years old this year. She has been working for a friend of mine at a garment company for over a year. What are regulations on the fully-paid annual leave of my child?
Answer:
Pursuant to Clause 1.b Article 113 of the Labor Code in 2019 stipulating annual leave as follows:
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
Pursuant to Article 143 of the Labor Code in 2019, a minor employee is an employee under 18 years of age.
As regulations above, you child is 17 years old, so she is entitled to 14 fully-paid days off.
Are employees, who haven't been working for an employer for 12 months, entitled to annual leave in Vietnam?
I want to ask about the above issue to protect my benefits when concluding the employment contract. Thank you!
Answer:
Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leave as follows:
- Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
+ 12 working days for employees who work in normal working conditions;
+ 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
+ 16 working days for employees who do highly laborious, toxic or dangerous works.
- An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
- An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.
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As regulations above, an employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
The calculation of the number of annual leave days for employees who have not worked for 12 months is specified in Clause 1 Article 66 of Decree 145/2020/NĐ-CP, as follows:
The number of annual leave days for employees who have worked for less than 12 months in accordance with Clause 2, Article 113 of the Labor Code is calculated as follows: the number of annual leave days plus the number of additional days for seniority (if any), divide by 12 months, and multiply by the actual number of months worked in the year to calculate the number of annual leave days.
Best regards!
