Tet Nguyen Dan Canh Ty Year 2020: High Possibility of Continuous 07 Days Leave for Employees

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The Ministry of Labor, War Invalids and Social Affairs has finalized the plan for workers to have 2 days off at the end of the Year of the Pig and 3 days off at the beginning of the Year of the Rat. This is one of the two options previously stipulated in labor law, and based on the actual situation, the Ministry will select the appropriate option.

To be specific, according to the provisions of Article 115 of the Labor Code 2012, during the annual Lunar New Year holiday, workers will have 5 days off with full pay.

“Article 115. Public holidays

1. Workers are entitled to leave with full pay on the following public holidays:

a) New Year's Day: 1 day (January 1 of the Gregorian calendar);

b) Lunar New Year: 5 days;

…”

According to Article 8 of Decree 45/2013/ND-CP, the 5 days of leave will be determined by the employer, either 1 day at the end of the lunar year and 4 days at the beginning of the lunar year or 2 days at the end of the lunar year and 3 days at the beginning of the lunar year. Employers are responsible for notifying employees of the Lunar New Year holiday plan at least 30 days in advance.

“Article 8. Lunar New Year holiday

1. The Lunar New Year holiday under Clause 1, Article 115 of the Labor Code shall be determined by the employer as 1 day at the end of the lunar year and 4 days at the beginning of the lunar year, or 2 days at the end of the lunar year and 3 days at the beginning of the lunar year.

2. Employers are responsible for notifying employees of the Lunar New Year holiday plan at least 30 days in advance.”

Thus, if this plan of the Ministry of Labor, War Invalids and Social Affairs is approved by the Government of Vietnam, during the upcoming Lunar New Year of the Rat 2020, workers will have 5 days of lunar new year holiday (including 2 days at the end of the Year of the Pig and 3 days at the beginning of the Year of the Rat) and an additional 2 days of compensatory leave (as the first and second days of the Lunar New Year fall on Saturday and Sunday, the compensatory days will be the fourth and fifth days of the Lunar New Year). The total number of days off during this Lunar New Year holiday will be 7 days from January 23, 2020, to January 29, 2020 (corresponding to the 29th day of the 12th month of the Year of the Pig to the 5th day of the 1st month of the Year of the Rat), 2 days less than in 2019.

Nguyen Trinh

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