What is the rate of the additional pay for each day of work for employees working at night in Vietnam?

How many consecutive hours of rest each week are employees in Vietnam entitled to?

Pursuant to Article 111 of the Labor Code in 2019 stipulating weekly breaks as follows:

Weekly breaks

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.

In summary, employees are entitled to a minimum of 24 consecutive hours of rest each week. If the labor cycle cannot be taken every week, the employer is responsible for ensuring that the employee is allowed to rest an average of at least 4 days in a month.

What is the rate of the additional pay for each day of work for employees working at night in Vietnam? - Source: Internet

What is the rate of the additional pay for each day of work for employees working at night in Vietnam?

Pursuant to Article 98 of the Labor Code in 2019 stipulating overtime pay, night work pay as follows:

Overtime pay, night work pay

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.

In summary, employees working at night are entitled to a minimum of 30% additional pay based on the hourly wage or actual wage paid for the work of a normal working day.

If working overtime at night, in addition to paying the base salary of 30% of the normal working day, employees are also entitled to an additional 20% salary based on the hourly wage or the wage for the work done during the day of a normal working day or of a weekly rest day.

What public holidays are employees entitled to fully paid days off in Vietnam?

Pursuant to Article 112 of the Labor Code in 2019 stipulating public holidays as follows:

Public holidays

1. 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).

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.

As regulations above, employees shall be entitled to fully paid days off on the following public holidays:

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

- Lunar New Year Holidays: 05 days;

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

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

- 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).

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