From January 01, 2021, when the Labor Code 2019 of Vietnam officially takes effect, employees may be entitled to Tet bonuses in the form of bonuses, property or other forms according to the announced regulations of the enterprise. So, what should employees do to not lose their Tet bonus in 2021?
Article table of contents
According to Article 104 of the Labor Code 2019 of Vietnam, a bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.
Thus, in order to ensure the Tet bonus in 2021, employees firstly need to pay attention to completing their work effectively, without violating the laws and regulations of the company to avoid cases of being discharged or unilaterally terminated the labor contract during the end of this year. Specifically, employees must not commit the following acts:
According to Article 125 of the Labor Code 2019 of Vietnam, an employee shall be dismissed for disciplinary reasons in the following circumstances:
(1) The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drugs at the workplace.
(2) The employee discloses technological or business secrets or infringes the intellectual property rights of the employer.
(3) The employee commits acts which are seriously detrimental or pose a seriously detrimental threat to the assets or interests of the employer.
(4) The employee commits sexual harassment in the workplace against the internal labor regulations.
(5) The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved.
(6) The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses. (Note: Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations. The remaining cases are considered to be without acceptable excuses.)
According to Clause 1 Article 36 of the Labor Code 2019 of Vietnam, an employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:
(7) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any).
(8) The employee is not present at the workplace after the time limit of the temporary suspension of the employment contract.
(9) The employee is not present at work without acceptable excuses for at least 05 consecutive working days.
(10) The employee fails to provide truthful information during the conclusion of the employment contract in a manner that affects the recruitment.
Above are 10 behaviors employees should avoid in order to receive Tet bonuses after a year of hard work. Concurrently, employees need to complete their work effectively and bring more profits to the enterprise to receive more bonuses.
>>> View more: Are employees required to pay personal income tax for Tet bonus and 13th month salary in Vietnam?
Ty Na
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- Labor Code 2019
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