Salary and Working Hours During Tet Holiday – All Questions Answered Here

1. Overtime hours on Tet holiday shall not exceed 12 hours

- This content is mentioned at Point b Clause 1 Article 4 Decree 45/2013/ND-CP. The overtime hours on Tet holiday for employees shall not exceed 12 hours in a day.

- In case of employing workers for overtime on Tet holiday, the employer must obtain the employee's consent. Employees have the right to accept or refuse overtime work on Tet holiday.

- If the employee agrees to work overtime on Tet holiday, the employer must ensure that the overtime hours do not exceed 12 hours/day.

2. Employees are entitled to up to 400% of their wages when working overtime on Tet holiday

- Article 115 of the Labor Code 2012 stipulates that on holidays and Tet, employees are entitled to leave with full pay.

- Moreover, Article 97 of the Labor Code 2012 stipulates that employees working on holidays are entitled to at least 300% of their salary (excluding the holiday pay for employees receiving daily wages).

- Therefore, if working overtime on Tet holiday, employees are entitled to a total of 400% of their normal daily wages.

- Note:

- Employees working overtime on Tet holidays coinciding with weekly rest days are paid overtime according to Tet holiday rates;- Employees working overtime on compensation days when holidays fall on weekly rest days are paid overtime according to weekly rest day rates.

3. Calculating overtime wages at night

- In addition to the 100% wage enjoyed on Tet holidays as prescribed at Point b Clause 1 Article 115 of the Labor Code 2012, in case employees work at night on Tet holiday, their wages are calculated as follows:

- Note:

- A is the actual hourly wage on normal working days;- Nighttime working hours are from 22:00 to 06:00 the next day.

- The above contents are based on Article 97, Article 105 of the Labor Code 2012 and Article 25 Decree 05/2015/ND-CP.

4. Arranging compensatory leave for employees for days not taken

- After each maximum of 07 consecutive days of additional work in a month, the employer must arrange for employees to take compensatory leave for the time not taken.

- If compensatory leave cannot be arranged for the full period, overtime pay must be paid in accordance with Article 97 of the Labor Code 2012.

- The above content is based on the provisions of Clause 3 Article 4 of Decree 45/2013/ND-CP.

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