Regulations on Wages and Bonuses for Working on the Holidays April 30 and May 1

Duy Thinh

19:57, 10/07/2024

During the holiday, if the enterprise requests work and the employee agrees, the law still permits the employee to work on the holiday. At this time, the salary and bonuses of the employee are specifically regulated as follows.

Case of Employees Working on Regular Days

Article 115 of the Labor Code 2012 stipulates that on the holidays of April 30 and May 1, employees are entitled to a day off from work with full pay.

On the other hand, Article 97 of the Labor Code 2012 prescribes that employees working on holidays are entitled to at least 300% of their salary, excluding the holiday pay for employees on a salary basis.

Therefore, if an employee works on a holiday, they are entitled to a total of 400% of their regular daily salary.

Case of Working at Night

Similar to working on regular days, employees working night shifts are paid at a rate of 400% of their regular daily salary.

However, since the working hours are at night, employees are paid an additional amount of at least 30% of their regular daily salary.

The specific calculation formula is as follows:

Night Shift Salary = 400%A + 30%A = 430%A (A is the daily regular salary.) Nighttime hours are calculated from 10 PM to 6 AM the following morning)

Case of Overtime Work

Employees are paid overtime at a minimum rate of 300% of the actual hourly wage of a regular working day. The specific wage is calculated according to the following formula:

Overtime Salary = 300%B x Number of overtime hours (B is the actual hourly wage of a regular working day)

Case of Overtime Work at Night

In addition to the two wage rates due to working on a holiday and nighttime hours (300% and 30%), employees working overtime at night are paid an additional amount of at least 20% of the hourly wage for working on a holiday. To be specific:

Overtime Night Shift Salary = [300%B + 30%B + 20%(300%B)] x Number of overtime hours = 390%A x Number of overtime hours

Regulations on Bonuses

In addition to the wages received, enterprises may pay additional bonuses to employees working on holidays. However, the issuance of bonuses to employees is not a mandatory obligation for the enterprise to implement; this is done according to the enterprise’s regulations or the labor contract, collective bargaining agreement. That is, if an enterprise does not pay a bonus to employees working on holidays, the enterprise is not in violation of the law.

Before the holiday on April 30 and May 1, employees are also entitled to a paid day off on the Hung Kings’ Commemoration Day (Wednesday, April 25, 2018). If employees work on this day, the wage calculation is carried out similarly to the above-mentioned regulations.

Legal Basis:

Labor Code 2012;

Decree 05/2015/ND-CP;

Circular 23/2015/TT-BLDTBXH.

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