Library

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

How ANT Lawyers Could Help Your Business?

You could learn more about ANT Lawyers Employment Dispute Resolution Practice or contact our Employment Dispute Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

ANT Lawyers

Recent Posts

5 Key Highlights and How Low-Orbit Satellite Internet in Vietnam Would Revolutionize Connectivity and Economic Growth

The Pilot Policy of Low-Orbit Satellite Internet in Vietnam Now, Vietnam has moved its position,…

2 weeks ago

Fast-Track Investment Procedure: 5 Breakthrough Steps to Attract High-Quality Capital to Vietnam

Introduction to the Vietnam Fast-Track Investment Procedure In the highly competitive global race to attract…

3 weeks ago

Proposal for the Personal Income Tax Law 2025: Major Changes and Impacts

Why is a Major Reform Necessary? Vietnam is entering a phase of economic and social…

3 weeks ago

10 Essential Vietnam Expat Guide Insights for Living, Working in Vietnam

Moving to Vietnam might be an interesting experience.  But before you get too comfortable, there’s something…

4 weeks ago

Vietnam Litigation Cost Ordinance 2024: A Powerful Step Toward Transparent and Fair Justice

The Vietnam Litigation Cost Ordinance 2024, enacted on December 11, 2024, represents a transformative milestone in…

1 month ago

Marriage Certificate Exemption in Vietnam: The New Regulation and Update 5 Key Steps to Register Marriage

Vietnam’s marriage registration process has recently been updated, making it easier for Vietnamese to complete…

1 month ago

This website uses cookies.