Does the December of Lunar calendar of 2024 include 30th day? What are detailed calendar of the January of Lunar calendar of 2025?
Does the December of Lunar calendar of 2024 include 30th day? What are detailed calendar of the January of Lunar calendar of 2025?
Tet Nguyen Dan, also known as the Lunar New Year, is the most important traditional festival for Vietnamese people. It is a time for families to reunite and together welcome a new year filled with good fortunes.
In 2025, the year of At Ty, according to the perpetual calendar, the month of December only has 29 days.
Tet Nguyen Dan embodies deep cultural values. It is an occasion for people to express gratitude to their ancestors and pray for a peaceful and happy new year. Tet is also a time for family reunions and strengthening family bonds.
During Tet, people often visit temples to pray for peace and luck. Children eagerly receive lucky money and wear new clothes. Families together visit relatives and friends to extend New Year's greetings. Vibrant cultural and artistic activities take place during Tet, such as lion dances, fairs, and traditional games.
Tet Nguyen Dan is not merely a festival but a distinctive cultural beauty of the Vietnamese people. It symbolizes unity, reunion, and the optimistic spirit of the nation.
Is it permissible to force employees in Vietnam to work on the Lunar New Year 2025?
Based on Article 107 of the Labor Code 2019 regarding overtime work:
Article 107. Overtime Work
- Overtime is the period worked outside of regular working hours as regulated by law, collective labor agreements, or internal labor regulations.
- Employers are permitted to require employees to work overtime when the following conditions are met:
a) It must be with the consent of the employee;
b) The additional working hours should not exceed 50% of the regular working hours in a day; if applying weekly working hours, the total regular and overtime hours should not exceed 12 hours in a day and not exceed 40 hours in a month;
c) Overtime hours should not exceed 200 hours per year, except in cases regulated in Clause 3 of this Article.
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According to Article 108 of the Labor Code 2019 regarding overtime in special cases:
Article 108. Overtime in Special Cases
Employers have the right to require employees to work overtime on any day without restriction on overtime hours as stipulated in Article 107 of this Code, and employees may not refuse in the following cases:
- Implementation of mobilization orders to ensure national defense and security tasks as prescribed by law;
- Performing tasks to protect human life and property of agencies, organizations, individuals in prevention, overcoming consequences of natural disasters, fires, epidemics, and disasters, except in cases that may affect the life and health of employees according to regulations on labor safety and hygiene.
According to the above regulations, employers can utilize employees for overtime when consented by the employee, except in the following cases:
- Implementing mobilization orders to ensure national defense and security tasks as prescribed by law
- Performing tasks to protect human life and property of agencies, organizations, individuals in prevention and overcoming consequences of natural disasters, fires, epidemics, and disasters, except in cases that may affect the life and health of employees according to regulations on labor safety and hygiene.
Does the December of Lunar calendar of 2024 include 30th day? What are detailed calendar of the January of Lunar calendar of 2025? (Image from the Internet)
Is there any penalty for enterprises in Vietnam for forcing employees to work during Lunar New Year 2025?
According to Article 18 of Decree 12/2022/ND-CP regulating violations regarding working hours and rest periods:
Article 18. Violations of Regulations on Working Hours and Rest Periods
- A fine ranging from 2,000,000 VND to 5,000,000 VND shall be imposed on employers for engaging in any of the following acts:
a) Failing to ensure employees take personal leave or unpaid leave as stipulated by law;
b) Failing to notify in writing to the Department of Labor, Invalids and Social Affairs where the overtime is organized and where the headquarter is located about organizing overtime from over 200 hours to 300 hours per year.
- A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed on employers for violating legal regulations on weekly rest, annual rest, or holiday and Tet rest.
- A fine ranging from 20,000,000 VND to 25,000,000 VND shall be imposed on employers for any of the following acts:
a) Allowing regular working hours to exceed the legal working hours;
b) Requiring employees to work overtime without their consent, except in cases outlined in Article 108 of the Labor Code.
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Thus, according to the above regulations, if an employer forces employees to work on Lunar New Year 2025, they will be fined from 10,000,000 VND to 20,000,000 VND depending on the severity of the violation.
Note: The monetary fine for violations in this regulation is the fine imposed on individuals. The fine imposed on organizations is double the fine for individuals (as per Clause 1, Article 6 of Decree 12/2022/ND-CP).
