Regulations on Pay to Employees Working During Lunar New Year Holiday
Under the provisions of
Article 106.1 of the Labor Code 2012, overtime is a period of work outside
normal working hours prescribed by law or according to a labor agreement or
regulation. Depending on the needs and agreement of the two parties, the enterprise
may request employees to work overtime during lunar new year (Tet) holiday, but
must not exceed 12 hours in a day and must pay overtime as prescribed by law.
According to Article 25
of Decree No. 05/2015 / ND-CP, the salary for overtime work on lunar new year
holiday for employees is prescribed as follows:
An employee who works
overtime in the daytime of the lunar new year holiday is entitled to at least
300% of the normal day salary, excluding the salary on that new year holiday if
the employee receives wages.
Employees who work
overtime at night during lunar new year holiday, apart from enjoying 300% of
the normal daily salary, excluding the salary, if the employee receives a daily
salary, the employee is also paid at least 30% extra of the average daily wage,
and 20% extra of the of the lunar new year holiday pay rate.
In particular, night
working hours are calculated from 10:00 pm to 6:00 am of the following day.
For employees who work
overtime on the same day as lunar new year holiday, they shall receive overtime
pay according to lunar new year holiday; if the lunar new year holiday is the
same as a weekly holiday, pay overtime is same as pay for work in weekend.
In addition, when making
overtime workers, the enterprise must pay attention to the maximum number of
overtime hours a day and must organize compensatory leave for employees as
prescribed in Article 106 of the Labor Code and Article 4. Decree 45/2013/ND-CP.
ANT Lawyers – A law firm in Vietnam, always follow up the labour matters to update clients on regular basis.
Source ANT Lawyers: https://antlawyers.vn/legal-service/regulations-on-pay-to-employees-working-during-lunar-new-year-holiday.html
Source: ANT Lawyers
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