Failure to Grant Employees Leave for Hung Kings’ Commemoration Day, April 30, and May 1 Can Result in a Fine of Up to VND 15 Million

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According to the provisions of Article 115 of the Labor Code 2012, employees are entitled to holidays with full pay on the following public holidays and Tet:

- New Year's Day: 1 day (January 1, Gregorian calendar);- Lunar New Year: 5 days;- Victory Day: 1 day (April 30, Gregorian calendar);- International Labor Day: 1 day (May 1, Gregorian calendar);- National Day: 1 day (September 2, Gregorian calendar);- Hung Kings’ Commemoration Day: 1 day (March 10, Lunar calendar).

Thus, according to the above regulations, during the holidays of Hung Kings’ Commemoration Day (March 10, Lunar calendar), April 30, and May 1, employees are entitled to time off with full pay. If the employer wishes for the employees to work on these holidays, it must be with the consent of the employees. According to Point c, Clause 1, Article 97 of the Labor Code 2012 and Point c, Clause 2, Article 25 of Decree 05/2015/ND-CP, if employees agree to work on these holidays, they are entitled to at least 300% of their usual pay, excluding the holiday pay.

Concurrently, if employees agree to work overtime on a holiday, the employer must ensure that the overtime does not exceed 50% of the normal working hours in 1 day. If applying weekly regulations, the total normal hours and overtime hours must not exceed 12 hours in 1 day; no more than 30 hours in 1 month, and no more than 200 hours in 1 year, except in special cases as regulated by the Government of Vietnam, in which overtime can be up to 300 hours in 1 year.

If the employer forces employees to work on these holidays without their consent, they will be subjected to an administrative fine of up to 15 million VND as stipulated in Article 14 of Decree 95/2013/ND-CP with specific fines as follows:

- From 500,000 VND to 1,000,000 VND for violations involving 1 to 10 employees;- From 1,000,000 VND to 3,000,000 VND for violations involving 11 to 50 employees;- From 3,000,000 VND to 7,000,000 VND for violations involving 51 to 100 employees;- From 7,000,000 VND to 10,000,000 VND for violations involving 101 to 300 employees;- From 10,000,000 VND to 15,000,000 VND for violations involving 301 employees or more.

Particularly, if the employer requires employees to work overtime beyond the regulated hours as stated in Point b, Clause 2, Article 106 of the Labor Code 2012 or more than 12 hours in 1 day during a holiday, they will be fined from 25,000,000 VND to 50,000,000 VND.

- Nguyen Trinh -

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