According to regulations, the holiday of April 30 and May 1 this year, officials and public employees and employees are entitled to 5 consecutive days off, from April 27 to the end of May 01, 2019. So, how are the salaries and bonuses for employees during this holiday calculated?
Salaries and Bonuses for Employees on April 30 and May 1 Holidays
Regarding salaries: According to Clause 1, Article 115 of the 2012 Labor Code, employees are entitled to take leave with full pay on these holidays. Should an employee work on these days, pursuant to Point c, Clause 1, Article 97 of the 2012 Labor Code and Point c, Clause 2, Article 25 of Decree 05/2015/ND-CP, the employee shall be paid at least 300% of their salary, excluding their salary for the holiday or paid leave day for employees paid by the day.
If the employee works at night, they will receive an additional minimum of 30% of the salary calculated according to the wage unit price or the salary of a regular working day.
If the employee works overtime at night on these holidays, in addition to the salary stipulated in clauses 1 and 2 of Article 97 of the 2012 Labor Code, the employee will also receive an extra 20% of the salary calculated according to the wage unit price or the salary for daytime work.
Thus, if an employee works overtime at night on the holidays of April 30 and May 1, the total salary received for the overtime will be at least 490% of the normal working day’s salary for those hours.
Note: Nighttime working hours are calculated from 10:00 PM to 6:00 AM the following day.
Article 97. Overtime and Night Work Salary
1. Employees working overtime shall be paid at the rate calculated according to the wage unit price or the salary of the current job as follows:
a) On regular days, at least 150%;
b) On weekly rest days, at least 200%;
c) On holidays or paid leave days, at least 300%, not including the holiday or paid leave day salary for employees paid by the day.
2. Employees working at night shall be paid an additional minimum of 30% of the salary calculated according to the wage unit price or the salary of a regular working day.
3. Employees working overtime at night will be paid an extra 20% of the salary calculated according to the wage unit price or the salary for daytime work in addition to the salary specified in clauses 1 and 2 of this Article.
Regarding bonuses: This payment is not mandatory and depends on the policies of each company towards their employees, i.e., it may or may not be granted.
The enterprise or employer will decide whether to give bonuses to their employees based on the company's situation and performance, and the amount of the bonus will be entirely subject to the policies of each company.
- Nguyen Trinh -
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