Ms. Le Thi Vui (Email: Vuivui***@yahoo.com) has the following query: “What are the regulations regarding salary and bonuses for National Day, September 2, this year? Are enterprises obligated to pay bonuses to employees (EEs) on this holiday?”
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Regarding this matter, THU KY LUAT would like to provide an explanation to Ms. Le Thi Vui as follows:
1. Provisions on salary during National Day September 2
- Employees are entitled to a day off with full pay on September 2, 2016 (Based on Point d, Clause 1, Article 115 of the Labor Code 2012).
- If employees work on September 2, 2016, their salary will be at least 300%, not including the salary for holidays and paid leave days for employees receiving daily wages. Thus, the total salary received is 400% of the normal daily wage. (Based on Point c, Clause 1, Article 97 of the Labor Code 2012).
- In case employees work overtime at night on September 2, 2016, they will receive an additional 90% of the normal daily wage. Hence, the total salary received is 490% of the normal daily wage.
(Based on Circular 23/2015/TT-BLDTBXH).
Note: The above salary levels are the minimum that employers must pay employees. Therefore, it is encouraged for employers to pay as much as possible.
2. Provisions on bonuses during National Day September 2
Bonuses for National Day September 2, 2016, for employees are not mandatory and are decided by the employer. The employer decides the bonus for employees based on the annual business results and the level of work completion by the employees.
(Based on Clause 1, Article 103 of the Labor Code 2012)
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