Working on Weekly Days Off with Compensation Leave: Is the Salary Still Equivalent to Regular Working Days?

Based on the provisions of Article 111 of the 2019 Labor Code:

Each week, employees are entitled to at least 24 continuous hours off. In exceptional cases where the labor cycle does not allow weekly rest, the employer is responsible for ensuring that employees receive an average monthly rest of at least 04 days.

According to the information you provided, your company has weekly rest on Sunday. However, recently the company has mobilized employees to work on weekly rest days due to work requirements.

Therefore, the working time on Sunday for employees is considered as working on a weekly rest day and must be compensated according to the overtime pay regulations stated in Article 98 of the 2019 Labor Code. To be specific:

Employees working on weekly rest days are paid at least 200% of the standard daily wage.

According to this provision, in cases where your company only pays employees 100% of the standard daily wage with the reason of granting compensatory rest, it is not compliant.

When mobilizing employees to work beyond regular working hours, the company must calculate overtime pay based on the time the employees worked. The 2019 Labor Code and related documents do not permit the company to use compensatory rest days to offset the overtime wages employees are entitled to.

Sincerely!