Lunar New Year Holiday Schedule of 2025? Do Employees Have the Right to Refuse Overtime Work During the Lunar New Year of 2025?
Lunar New Year Holiday Schedule for 2025?
Based on Article 112 of the 2019 Labor Code regarding holiday leaves:
Article 112. Holidays and Tet
- Employees are entitled to holiday leaves with full pay on the following occasions:
a) New Year's Day (Gregorian Calendar): 1 day (January 1);
b) Lunar New Year (Tet): 5 days;
c) Victory Day: 1 day (April 30);
d) International Labor Day: 1 day (May 1);
e) National Day: 2 days (September 2 and 1 adjacent day either before or after);
f) Hung Kings Commemoration Day: 1 day (March 10, Lunar Calendar).
- Foreign employees working in Vietnam, in addition to the holidays stipulated in Clause 1 of this Article, are entitled to 1 traditional ethnic holiday and 1 National Day of their country.
- Annually, based on actual conditions, the Prime Minister of the Government of Vietnam will specify the exact dates of the holidays stipulated at Points b and e, Clause 1 of this Article.
Under these regulations, employees are entitled to a fully paid leave of 5 days during the Lunar New Year in 2025.
In 2025, it is expected that employees will have a Lunar New Year holiday of about 7 days, from January 27, 2025, to February 2, 2025 (from the 28th of the last month of the Lunar calendar to the 5th of Tet).
Note: There is no official document yet announcing the Lunar New Year holiday for 2025, and the Prime Minister of the Government of Vietnam will decide the specific holiday dates based on actual conditions.
Lunar New Year Holiday Schedule for 2025? Can employees refuse to work overtime during the Lunar New Year in 2025? (Image from the Internet)
Can employees refuse to work overtime during the Lunar New Year in 2025?
Based on Article 107 of the 2019 Labor Code regarding overtime work:
Article 107. Overtime Work
- Overtime work is the duration of work beyond the regular working hours stipulated by law, collective labor agreements, or labor regulations.
- Employers may utilize employees for overtime work if all the following conditions are met:
a) Must have the employee's consent;
b) Ensure that the employee's overtime hours do not exceed 50% of the normal working hours in 1 day; in cases where the regular working hours are applied per week, the total normal working hours and overtime hours must not exceed 12 hours in a day; not more than 40 hours in a month;
c) Ensure that the employee’s overtime does not exceed 200 hours in a year, except circumstances stipulated in Clause 3 of this Article.
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According to the above regulations, employers may require employees to work overtime with their consent. Therefore, employees can refuse to work overtime during the Lunar New Year in 2025, except in the following cases:
- Implementation of mobilization orders, and assignments to ensure national defense and security as stipulated by law- Undertaking works to protect human lives, properties of agencies, organizations, and individuals in preventing and overcoming natural disasters, fires, dangerous epidemics, and calamities, except in cases where it may affect the life and health of employees as stipulated by the law on labor safety and hygiene.
How many annual leave days do employees working in normal conditions have?
Based on Article 113 of the 2019 Labor Code regarding annual leave:
Article 113. Annual Leave
- Employees who have worked for an employer for 12 months are entitled to annual leave with full pay based on the labor contract as follows:
a) 12 working days for employees working in normal conditions;
b) 14 working days for employees who are minors, disabled employees, employees doing heavy, hazardous, and dangerous jobs;
c) 16 working days for employees doing exceptionally heavy, hazardous, and dangerous jobs.
- Employees working for less than 12 months for an employer shall have annual leave in proportion to the number of months worked.
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According to this regulation, employees working in normal conditions for 12 months for an employer are entitled to 12 annual leave days.
Based on Article 114 of the 2019 Labor Code which stipulates that every 5 years of working for an employer increases the employee's annual leave by 1 day.
