When will the Christmas in 2024 occur in Vietnam? Are employees in Vietnam entitled to leave on Christmas in 2024?
When will the Christmas in 2024 occur in Vietnam?
Christmas is an important holiday for Christians to commemorate the birth of Jesus Christ. Traditionally, Christmas is celebrated on December 25 each year. For many people around the world, regardless of religious beliefs, it is also an occasion for family gatherings, exchanging gifts, and enjoying the festive atmosphere.
For followers of Christianity, Christmas holds sacred significance, as it is an occasion to remember and honor the sacrifice of Jesus.
Today, Christmas extends beyond its religious meaning and has become a global cultural festival, an occasion for people to share love, and strengthen bonds with family and friends.
Thus, Christmas 2024 falls on December 25, 2024 (Wednesday), known as the "main day," while the evening of December 24, 2024 (Tuesday) is called "Christmas Eve."
When will the Christmas in 2024 occur in Vietnam? Are employees in Vietnam entitled to leave on Christmas in 2024? (Image from the Internet)
Are employees in Vietnam entitled to leave on Christmas in 2024?
Based on Article 112 of the Labor Code 2019 regulating holidays:
Article 112. Holidays
- Employees are entitled to time off from work, with full pay, on the following holidays:
a) New Year's Day: 01 day (January 01 of the calendar year);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 of the calendar year);
d) International Labor Day: 01 day (May 01 of the calendar year);
dd) National Day: 02 days (September 02 of the calendar year and 01 adjacent day before or after);
e) Hung King's Death Anniversary: 01 day (March 10 of the lunar calendar).
- Foreign employees working in Vietnam, aside from the days off prescribed in Clause 1 of this Article, are also entitled to an additional 01 traditional New Year day and 01 National Day of their country.
- Annually, based on actual conditions, the Prime Minister of Vietnam decides the specific days off prescribed at Points b and dd, Clause 1 of this Article.
According to the above provisions, Christmas is not considered a holiday where employees are entitled to time off with full pay. Only a few holidays and Tet allow employees to have time off with pay, specifically:
- New Year's Day
- Lunar New Year
- Victory Day
- International Labor Day
- National Day
- Hung King's Death Anniversary
Can a company in Vietnam require employees to work overtime on Christmas in 2024?
Based on Article 59 of Decree 145/2020/ND-CP regarding the consent of employees for overtime:
Article 59. Consent of employees for overtime
- Except for cases prescribed in Article 108 of the Labor Code, in other cases, when organizing overtime work, the employer must obtain the consent of the participating employees regarding the following:
a) Overtime hours;
b) Overtime location;
c) Overtime work.
- In cases where the employee's consent is signed in a separate document, refer to Form No. 01/PLIV Appendix IV issued together with this Decree.
Based on Article 108 of the Labor Code 2019 regulating overtime in special cases:
Article 108. Overtime in special cases
Employers have the right to request employees to work overtime on any day without the limitation on overtime hours as prescribed in Article 107 of this Code, and employees cannot refuse in the following cases:
- Implementation of orders for mobilization, security, and defense tasks as prescribed by law;
- Performing tasks to protect human life, properties of agencies, organizations, and individuals in preventing and remedying the consequences of natural disasters, fires, dangerous epidemics, and disasters, except in cases where the work poses a risk to the life and health of the employee as prescribed by the law on labor safety and hygiene.
According to the above regulations, a company cannot compel employees to work overtime on Christmas 2024 except in the following cases:
- Implementation of orders for mobilization, security, and defense tasks as prescribed by law
- Performing tasks to protect human life, properties of agencies, organizations, and individuals in preventing and remedying the consequences of natural disasters, fires, dangerous epidemics, and disasters, except in cases where the work poses a risk to the life and health of the employee as prescribed by the law on labor safety and hygiene.
