Hung Kings' Commemoration Day is the 10th day of the 3rd lunar month, according to the Labor Code 2019, officials and public employees and employees in Vietnam are entitled to a fully paid day off.
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Schedule for the day off on Hung Kings' Commemoration Day in 2021 for Vietnamese Officials, Public Employees, and Employees according to the 2019 Labor Code (Illustrative image)
Point e, clause 1, Article 112 of the Labor Code 2019 stipulates:
Article 112. Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
e) Hung Kings Commemoration Day: 01 day (on the 10th day of the 3rd lunar month).
Additionally, at clause 3, Article 111 of the Labor Code 2019 stipulates: “If a weekly day off coincides with a public holiday prescribed in clause 1, Article 112 of this Code, employees are entitled to compensatory rest on the following working day.”
According to the calendar in 2021, the 10th of the 3rd lunar month falls on Wednesday, April 21, 2021, which is a working day for officials and public employees and is not a weekly day off, so they will not be entitled to compensatory rest according to the provisions of the Labor Code 2019.
Therefore, on this year's Hung King Commemoration Day, officials and public employees and employees will only have 01 day off with full pay, and if they work on this day, they will be entitled to 400% of their salary for working on public holidays (According to the provisions of point c, clause 1, Article 98 of the Labor Code 2019).
However, if the employer stipulates that Wednesday is the weekly day off for the workers, the employer must arrange an additional compensatory day off for the workers. If the employer requires the employees to work on this compensatory rest day, the employees will be entitled to 200% of their salary for working on this day because the compensatory rest day falls on the employees' weekly day off (According to the provisions of point b, clause 1, Article 98 of the Labor Code 2019).
| Article 98. Overtime pay, night work pay 1. Employees who work overtime shall be paid according to the wage unit price or the actual salary paid for the current work as follows: a) On regular days, at least 150%; b) On weekly days off, at least 200%; c) On public holidays, or paid leave days, at least 300%, excluding the salary of public holidays, or paid leave days for employees receiving daily salaries. 2. Employees who work at night shall be paid an additional amount of at least 30% of the wage unit price or the actual salary paid for the current work of a regular working day. 3. Employees who work overtime at night shall, in addition to the overtime pay stipulated in clauses 1 and 2 of this Article, be paid an additional 20% of the wage unit price or the actual salary for the current day's work during regular daytime working hours, or during weekly days off, or public holidays. |
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