Vietnam: All the regulations teachers need to know about the Lunar New Year holiday in 2021

1. How many days off do teachers have on Tet holiday in 2021?

The Labor Code 2019 still maintains the spirit of the Labor Code 2012 when allowing employees across the country to have 5 days off on the occasion of the Lunar New Year. However, the difference is that the Labor Code 2019 of Vietnam stipulates that the Prime Minister shall decide the specific Lunar New Year Holidays on an annual basis. On the occasion of the Lunar New Year 2021, students and teachers will have at least 05 days off, the specific holiday schedule will be announced by provinces and cities across the country.

>> View more: Vietnam: Tet holiday schedule for students from provinces and cities across the country

2. Salary and bonus regimes for teachers on Tet holiday 2021

According to the Labor Code 2019 of Vietnam, a bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).

According to this provision, it can be seen that employers are not required to give bonus to employees.

Regarding teachers, according to Point 3 Article 12 of the Law on Public Employees 2010 of Vietnam, public employees have the right to enjoy monetary rewards and be considered for salary raise under law and regulations of public non-business units. Pursuant to this regulation, public non-business units are not required to give Tet bonuses to teachers. The Tet bonus will be decided by the unit itself according to the regulations of each unit based on the funding source, revenue and working productivity of each employee.

Thus, teachers may not be able to receive the Lunar New Year bonus in 2021 if the school's annual irregular expenditures do not have a surplus or deficit or their work productivity is inefficient.

3. Are teachers required to be on duty on the Lunar New Year 2021?

According to the Labor Code 2019 of Vietnam, on Tet holiday, teachers are entitled to fully paid days off (including allowance). Thus, there is no basis to force teachers to be on duty these days. However, principals and schools can also negotiate with teachers about being on duty during Tet and then teachers will be paid overtime according to Clause 2 Article 12 of the Law on Public Employees 2010 of Vietnam. To be specific:

Article 12. Rights of public employees to salaries and salary-related regimes

…

2. To enjoy overtime and night work pays, working trip allowances and other benefits according to law and regulations of public non-business units.

Concurrently, one of the conditions to use overtime workers is to obtain the consent of the employees, so when there is a decision on the teacher on duty, it must be agreed by the teacher.

If on duty, teachers will be entitled to overtime wages, overtime hours at night, per diem and other regimes as prescribed by law and regulations of public non-business units. Specifically, Article 98 of the Labor Code 2019 of Vietnam stipulates as follows:

-  An employee who works overtime during public holidays, paid leave will be paid an amount based on the piece rate or actual salary at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries;

- An employee who works overtime at night will be paid, in addition to the salary specified above, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.

Thus, the principal and the school do not have the right to force teachers to be on duty on the New Year holidays in 2021.

4. How are sanctions for forcing teachers to be on duty during the Lunar New Year 2021?

As mentioned, Tet holiday is a legal time off for teachers, principals and schools are not allowed to force teachers to go to school during this time. If the school forces teachers to be on duty during the Lunar New Year 2021, they shall be handled according to Article 17 of Decree No. 28/2020/NĐ-CP as follows:

- Imposing fines ranging from VND 10,000,000 to VND 20,000,000 on employers that commit violations against laws on legal weekly days-off, annual days-off or statutory public holidays or New Year’s holidays;

- Imposing fines ranging from VND 20,000,000 to VND 25,000,000 on employers that mobilize staff and employees to work overtime without their consent.

Fines shall be imposed upon employers who mobilize their staff to work overtime in excess of 12 hours each day when working overtime during public holidays, New Year’s holidays, and weekly days-off, at the following rates:

- A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;

- A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;

- A fine ranging from VND 20,000,000 to VND 40,000,000 to be imposed if the violation involves 51 – 100 employees;

- A fine ranging from VND 40,000,000 to VND 60,000,000 to be imposed if the violation involves 101 – 300 employees;

- A fine ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 301 or more employees.

Thus, principals and schools forcing teachers to be on duty during Tet shall be be fined up to VND 75,000,000. This fine has increased 1.5 times compared to the provisions of Decree No. 95/2013/NĐ-CP of Vietnam’s Government.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE