What does November 19 mean in Vietnam? What is overtime payment on International Men's Day in Vietnam?

What does November 19 mean in Vietnam?

November 19 is International Men's Day.

International Men's Day, also known as "International Men's Day," is a day to honor, recognize, and appreciate their contributions to society, family, and community. The goal of this day is to promote gender equality and emphasize that men also need attention in all aspects of life.

According to this regulation, November 19, 2023 will fall on a Sunday.

What does November 19 mean in Vietnam? What is overtime payment on International Men's Day in Vietnam? (Image from the Internet)

Do male workers get paid leave on International Men's Day in Vietnam?

In Article 112 of the Labor Code 2019, regulations on Public holidays are 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 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.

In Clause 1, Article 113 of the Labor Code 2019, there are regulations on annual leave as follows:

Annual leave

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;

c) 16 working days for employees who do highly laborious, toxic or dangerous works.

2. 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.

3. 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.

4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.

5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.

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.

7. The Government shall elaborate this Article.

Thus, International Men's Day on November 19 is not a public holiday in which employees are entitled to leave with full pay. Therefore, male employees who want to take full paid leave every day must apply for annual leave in Vietnam.

What is overtime payment on International Men's Day in Vietnam?

In Article 107 of the 2019 Labor Code, there are regulations on overtime work as follows:

Overtime work

1. Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer.

2. An employer has the right to request an employee to work overtime when all of the following conditions are met:

a) The employee agrees to work overtime;

b) The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;

c) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.

3. An employer must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs and cases:

a) Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;

b) Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;

c) Works that require highly skilled workers that are not available on the labor market at the time;

d) Urgent works that cannot be delayed due to seasonal reasons or availability of materials or products, or due to unexpected causes, bad weather, natural disasters, fire, hostility, shortage of power or raw materials, or technical issue of the production line;

dd) Other cases prescribed by the Government.

4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer shall send a written notification to the provincial labor authority.

5. The Government shall elaborate this Article.

In Article 98 of the 2019 Labor Code, there are regulations on 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.

According to this Article, November 19, 2023, is International Men's Day, falls on Sunday and is a weekly holiday. Employees who still go to work normally and when working overtime will receive overtime pay in Vietnam as follows:

- Overtime pay during the day: at least equal to 200% of the salary unit price or actual salary paid according to the job being done.

In addition, employees are also paid an additional amount 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 if working at night and an additional 20% of the salary is paid. Salary is calculated according to the salary unit price or salary according to work done during the day on the working day of the weekly rest day if working overtime at night in Vietnam.

Note: The calculation of overtime pay on International Men's Day (overtime on Sunday) only applies to employees whose weekly day off is on Sunday in Vietnam.

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