How Are Part-Time Students Paid on the National Day September 2?

11:41, 11/07/2024

Dear Legal Secretary,I am currently a student studying in Ho Chi Minh City and working part-time at a fast-food restaurant. For the upcoming National Day holiday on September 2, I am scheduled to work on that day. As far as I know, if one works on a national holiday, additional wages are supposed to be calculated. I have asked my friends and received different answers: some say that the pay will be tripled, while others say it will only be doubled. I am not very clear on this, so I would like to ask the Legal Secretary for advice. I look forward to receiving a response from the Legal Secretary soon.(Mai Huong - Email: maiju****@gmail.com)

With regard to your query, Ms. Mai Huong, Thu Ky Luat would like to respond as follows:

Firstly, according to Point d, Clause 1, Article 115 of the Labor Code 2012, National Day (September 2, Gregorian calendar) is an annual public holiday for employees, and they are entitled to full pay on this day. However, since you are working part-time and are paid by the hour and shift, if you do not work on September 2, you naturally will not receive any wages.

Secondly, according to the current labor law provisions on salaries, specifically Point c, Clause 1, Article 97 of the Labor Code 2012: If you work on National Day, your salary must be at least 300% of the regular daily wage. Thus, if you work on September 2, you will be paid three times the regular daily wage.

Thirdly and lastly, regardless of the employment type (part-time or full-time), employees are entitled to the above-mentioned wage if they work on holidays or Tet (Lunar New Year). Current legal regulations on holiday and Tet wages do not differentiate between types of employment or forms of work.

Best regards!

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