Matters regarding salaries, bonuses, and holidays during the Tet holiday are issues that employees and employers in Vietnam are particularly concerned about at the end of the year. Therefore, at this time, Lawnet advises everyone on some notes as follows:
Article table of contents
First, taking the full number of annual leave days
Pursuant to Clause 1, Article 111, and Clause 2, Article 114 of the Labor Code 2012, employees in Vietnam shall be entitled to annual leave days based on their corresponding working time, specifically:
- Having completed 12 months of work, employees are entitled to 12 days of annual leave in a year with full pay (for work under normal conditions).
- For less than 12 months of work, the number of leave days is proportionate to the actual working time (1 month of work corresponds to 1 leave day).
Second, receiving monetary compensation for unused leave days or carrying forward to the next year
For employees working less than 12 months in Vietnam, if they have not taken all annual leave days, they shall be compensated by monetary payment for untaken days.
For employees working more than 12 months, they may agree with the employer to carry forward untaken days to the following year, with the accumulation period not exceeding 3 years at a time. Moreover, the law does not stipulate that employees who have worked for over 12 months are eligible for monetary compensation for untaken leave days. Therefore, employees should review company policies to see if there are provisions for compensating untaken leave days or negotiate with the employer for such compensation. If the company policy does not provide for it or it is not possible to negotiate with the employer, the employer must arrange for the employee to take all remaining leave days with full pay.
(The above content is based on Article 111 of the Labor Code 2012).
Third, receiving 400% of daily salaries for working on Tet holidays
If employees work on Tet holidays in Vietnam, in addition to the regular holiday salary, they are entitled to an additional 300% of the daily salary, making the total salary 400% of the normal daily salary.
If employees work at night during holidays, the salary is 450% of the normal daily salary, which includes 300% for working on holidays, 30% for working at night, 20% for overtime at night, and 100% for normal daily work.
Additionally, employees who work on compensatory rest days when a holiday overlaps with the weekly day off shall receive 200% of the normal daily salary.
(The above content is based on Article 97 of the Labor Code 2012.)
Fourth, no mandatory bonuses for Tet holidays
According to Article 103 of the Labor Code 2012, the bonus regulations are decided and publicly announced by the employer at the workplace after consulting with the representative organization of the labor collective at the facility. Therefore, bonuses for Tet holidays are not mandatory; the employer may choose to give or not give Tet bonuses to employees.
To ensure their rights, employees may negotiate with the employer regarding Tet bonuses through contracts, with the bonus amount based on the annual business results and the level of work completion by the employee.
- Key word:
- employee
- salary
- Vietnam
- annual leave
