Tet holiday 2021: Are principals allowed to assign teachers on duty at schools in Vietnam?

Tet holiday 2021: Are principals allowed to assign teachers on duty at schools in Vietnam? (Illustrative photo)

According to the provisions at Clause 3, Article 5 of Circular 28/2009/TT-BGDDT, supplemented by Clause 3, Article 1 of Circular 15/2017/TT-BGDDT, the annual leave of teachers includes: summer vacation, Tet holiday, semester break, and other holidays in Vietnam. To be specific:

- The annual summer vacation time for teachers is 02 months (including the annual leave as prescribed by the Labor Code), receiving full salary and allowances (if any);

- Tet holiday, semester break as prescribed by the Minister of Education and Training of Vietnam;

- Other holidays as prescribed by the Labor Code.

Simultaneously, at Clause 1, Article 112 of the Labor Code 2019 stipulates that employees are entitled to leave, enjoying full salary during the following holidays and Tet: New Year's Day (01 day); Tet Lunar New Year (05 days); Victory Day (April 30); International Labor Day (May 1); National Day: 02 days (including September 02 and 01 adjacent day before or after); Hung Kings Commemoration Day (March 10 in lunar calendar).

Thus, it can be seen that the Tet holiday 2021 is a legal leave and a right of every teacher. Therefore, the school is not allowed to require teachers to be on duty at school during the Tet holiday 2021.

However, the school can agree with the teachers about being on duty at school during the Tet holiday 2021 but must pay overtime wages to the teachers according to legal regulations. According to the provisions at Clause 2, Article 12 of the Public Employees Law 2010 and Article 98 of the Labor Code 2019, the overtime wage rates for teachers (on duty at school) during the Tet holiday 2021 in Vietnam are as follows:

- At least 300% of the normal day's salary and 100% of the holiday or Tet leave day's salary;

- At least 300% of the normal day's salary, an additional 30% of the normal day’s salary, and an additional 20% of the Tet salary if working at night.

In the event that the school forces teachers to be on duty at school during the Tet holiday 2021 or does not pay for overtime work and extra hours, the school may be administratively fined as prescribed at Articles 16 and 17 of Decree 28/2020/ND-CP, specifically:

- A fine ranging from VND 10,000,000 to VND 20,000,000 for employers who violate the legal provisions on weekly, annual, or holiday leave;

- Fines for failing to pay or insufficiently paying overtime wages, night work wages according to legal regulations at the following levels:

- From VND 5,000,000 to VND 10,000,000 for violations involving 01 to 10 employees;

- From VND 10,000,000 to VND 20,000,000 for violations involving 11 to 50 employees;

- From VND 20,000,000 to VND 30,000,000 for violations involving 51 to 100 employees;

- From VND 30,000,000 to VND 40,000,000 for violations involving 101 to 300 employees;

- From VND 40,000,000 to VND 50,000,000 for violations involving more than 301 employees.

Thus, the school is not allowed to require teachers to be on duty at school during the Tet holiday 2021 in Vietnam. In case of an agreement with teachers on duty during the Tet holiday 2021, the school must pay overtime wages to the teachers according to legal regulations. In case of violation, the school may be fined from VND 10 million to VND 50 million.

Ty Na

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