Article 115 of the 2012 Labor Code stipulates: Employees are entitled to a holiday with full pay on National Independence Day, September 2. If the holiday coincides with a weekly day off, the employee is entitled to a compensatory day off on the following day.
This year, National Day (September 2, 2017) falls on a Saturday, so workers will start their holiday from Saturday, September 2, 2017, until the end of Monday, September 4, 2017. For workers employed in enterprises with a working schedule that includes Saturday (i.e., implementing policies of a 1-day weekend on Sunday), they will have 2 consecutive days off from Saturday, September 2, 2017, to the end of Sunday, September 3, 2017.
Regarding Salary:
If workers work on September 2, their salary shall be paid at a minimum of 300% excluding the holiday pay, which brings the total payable salary to 400% of the normal daily salary rate. (Point c Clause 1 Article 97 of the Labor Code 2012)
In case workers work overtime at night on September 2, they will receive an additional 90% of the normal daily salary (total payable salary is 490% of the normal daily salary).
Let x be the salary, and a be the normal daily wage rate
- Overtime salary on holiday during the day: x = a x 300%- Overtime salary on holiday at night: x = a x 390%
Note: The above salary levels are the minimum levels that employers must pay workers. Employers are encouraged to pay higher than the stipulated rates.
Regarding Bonuses:
As per regulations, employers will base the decision to reward workers on the annual business production outcomes and the level of job completion by the workers. (Clause 1 Article 103 of the Labor Code 2012).
Therefore, the bonus for National Day on September 2 for workers is not mandatory and is subject to the employer’s decision.
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