Vietnam: 04 important notes for workers working in Lunar New Year 2021 holiday

Vietnam: 04 important notes for workers working in Lunar New Year 2021 holiday (Artwork)

1. Employers do not have the right to force employees to work overtime during the Lunar New Year 2021

This is a remarkable content based on the provisions at point a, Clause 2, Article 107 of the Labor Code 2019 and point a, Clause 1, Article 59 of Vietnam's Decree 145/2020/ND-CP. Specifically, one of the conditions for an employer to use an employee to work overtime on New Year's Day is to obtain the consent of the employee. Except for the case of overtime in the special cases specified in Article 108 of the Labor Code 2019, the employer must obtain the consent of the employee participating in overtime on the following terms:

• Overtime hour;

• Location of overtime work;

• Overtime job.

Thus, in the normal case, the employee has the right to refuse to work overtime on holidays and Tet and the employer does not have the right to use this reason to discipline the employee.

Note: In case the employee's consent is signed in a separate document, refer to Form No. 01/PLIV Appendix IV issued together with Vietnam's Decree 145/2020/ND-CP.

Download Overtime Agreement Document

2. Overtime in some special cases during Tet

In principle, the employer does not have the right to force the employee to work overtime on public holidays and New Year, but in the following cases, the employer has the right to require the employee to work overtime on any day without limitation on the number of overtime hours according to the regulations in Article 107 of the Labor Code 2019 and employees are not allowed to refuse. Specifically:

• To carry out mobilization and mobilization orders to ensure national defense and security tasks in accordance with the law;

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  To perform tasks to protect human life and property of agencies, organizations, and individuals in preventing and overcoming the consequences of natural disasters, fires, dangerous epidemics, and disasters.

Note: If there is a risk of affecting the life and health of the employee according to the provisions of the law on occupational safety and sanitation, the employee is entitled to refuse.

** Limiting overtime hours on New Year's Day:

According to the provisions of Clause 4, Article 60 of Vietnam's Decree 145/2020/ND-CP, the total number of overtime hours must not exceed 12 hours in a day, when working overtime on public holidays, Tet, and weekly rest days.

3. Overtime salary for Lunar New Year 2021

Depending on whether the subject is a public official or an employee, the overtime pay will be specified in different documents, specifically:

- Cadres and civil servants are entitled to overtime pay as prescribed by law. (Clause 2, Article 12 of the Law on Cadres and Civil Servants 2008)

- Public employees are entitled to overtime pay as prescribed by law and regulations of public non-business units. (Clause 2, Article 12 of Law on Public Employees 2010)

- Employees who work overtime on public holidays, New Year's Day and paid holidays: at least equal to 300% of their regular salary, excluding the salary for holidays, Tet, and paid leave for employees who receive a daily salary. If the employee works at night, he/she shall be paid at least 30% of the salary calculated according to the salary unit price or the actual salary paid according to the work of the normal working day. In addition to the salary according to the above regulations, employees who work overtime at night are also paid an additional 20% of the salary calculated according to the salary unit price or the salary according to the work done during the day on a normal working day or on a holiday. weekly or on public holidays. (Article 98 of the Labor Code 2019)

4. Bonus regime for employees going to work during the Lunar New Year 2021

According to Article 104 of the Labor Code 2019, a bonus is the amount of money, property, or other forms that the employer rewards to the employee based on the production and business results, the level of business completed by the worker's job. The bonus regulations are decided by the employer and publicly announced at the workplace after consulting with the representative organization of employees at the establishment for the place where the representative organization of employees at the workplace is located. department.

From this regulation, it can be seen that the labor law stipulates that the Tet bonus is not a mandatory obligation of enterprises in all cases. Depending on the regulations of each company, the reward for employees will be different. Therefore, employees should consider reaching an agreement with their employer on the regime and policy of additional bonuses when employees work overtime during Tet.

Thuy Tram

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