What is the date of the Gregorian New Year 2025 in the lunar calendar? How many days off are employees in Vietnam entitled to?
What is the date of the Gregorian New Year 2025 in the lunar calendar? How many days off are employees in Vietnam entitled to?
Pursuant to Article 112 of the Labor Code 2019 regulating holidays:
Article 112. Holidays
- Employees are entitled to take leave with full salary on the following holidays:
a) Gregorian New Year: 01 day (January 1 according to the Gregorian calendar);
b) Lunar New Year: 05 days;
c) Victory Day: 01 day (April 30 according to the Gregorian calendar);
d) International Labor Day: 01 day (May 1 according to the Gregorian calendar);
dd) National Day: 02 days (September 2 according to the Gregorian calendar and 01 adjacent day before or after);
e) Hung King's Death Anniversary: 01 day (March 10 according to the lunar calendar).
- Foreign employees working in Vietnam are entitled to 01 additional day of national traditional Tet and 01 day of their national National Day, besides the holidays prescribed in Clause 1 of this Article.
- Annually, based on actual conditions, the Prime Minister of the Government of Vietnam will specifically decide the holidays prescribed at Points b and đ of Clause 1 of this Article.
According to the above provisions, employees are entitled to a 01-day leave for Gregorian New Year (January 1 according to the Gregorian calendar). In 2025, the Gregorian New Year falls on Wednesday (January 1, 2025), which is a weekday; therefore, officials, public employees, and employees will be granted one day off on Wednesday, January 1, 2025.
If the employer stipulates a weekly break on Wednesday, employees will be arranged to take compensatory leave on another day. (Clause 3, Article 111 of the Labor Code 2019)
According to the perpetual calendar, the Gregorian New Year 2025 is on January 1, 2025, corresponding to December 2, 2024, lunar calendar.
What is the date of the Gregorian New Year 2025 in the lunar calendar? How many days off are employees in Vietnam entitled to? (Image from the Internet)
Are employees in Vietnam allowed to refuse overtime work on the Gregorian New Year?
Pursuant to Article 107 of the Labor Code 2019 regulating overtime work:
Article 107. Overtime work
- Overtime is the period of work performed outside the normal working hours as prescribed by law, collective labor agreements, or internal labor regulations.
- Employers can utilize employees for overtime work when all the following conditions are met:
a) Must have the consent of the employees;
b) Ensure that the overtime hours do not exceed 50% of the normal working hours in one day; in case of applying normal working hours per week, the total number of normal working hours and overtime cannot exceed 12 hours in one day; not more than 40 hours in one month;
c) Ensure that the overtime hours do not exceed 200 hours per year, except for the cases specified in Clause 3 of this Article.
[...]
Based on the above regulations, employers can require employees to work overtime with the consent of the employees and when certain conditions are met.
Therefore, employees have the right to refuse to work overtime on the Gregorian New Year except in the following cases where they cannot refuse:
- Executing orders for mobilization or deployment to ensure national defense and security according to legal provisions
- Performing tasks to protect lives, and property of agencies, organizations, individuals in the prevention or remediation of consequences of natural disasters, fires, dangerous epidemics, and disasters, except where there is a risk of affecting the lives or health of employees according to legal provisions on labor safety and hygiene
What is the maximum number of overtime hours per day on holidays and weekly breaks in Vietnam?
Pursuant to Article 60 of Decree 145/2020/ND-CP regulating the limit on overtime hours:
Article 60. Limit on overtime hours
- The total overtime hours must not exceed 50% of the normal working hours in one day when working overtime on a normal working day, except as stipulated in Clauses 2 and 3 of this Article.
- In case of applying normal working hours per week, the total number of normal working hours and overtime hours must not exceed 12 hours in one day.
- In cases of part-time work as specified in Article 32 of the Labor Code, the total number of normal working hours and overtime must not exceed 12 hours in one day.
4. Total overtime hours must not exceed 12 hours in one day when working overtime on holidays, Tet, and weekly breaks.
- The time prescribed in Clause 1, Article 58 of this Decree is deducted when calculating the total overtime hours per month or per year to determine compliance with the stipulations at Points b and c, Clause 2, Article 107 of the Labor Code.
Thus, the maximum number of overtime hours per day when working overtime on holidays, Tet, and weekly breaks must not exceed 12 hours.
