Salary and bonus for New Year 2020, what employees need to know
On New Year's Day, overtime workers receive at least 400% of their salary, and nighttime workers receive at least 490% of their salary. On New Year's Day 2020, although they only have one day off, workers are very concerned, especially about salary and bonuses.
Get paid time off
According to Article 115 of the 2012 Labor Code: Employees are entitled to take time off and receive full pay on holidays, including: New Year's Day 1 day (January 1st of the solar calendar). If these holidays coincide with weekly holidays, employees are entitled to take compensatory leave on the following day.
However, January 1, 2020 falls on Wednesday, so employees will only have one day off and receive full pay.
Overtime pay at least 400% of salary
As analyzed, employees are given time off on New Year's Day. In case the enterprise arranges and assigns employees to work on this day, it will be considered overtime.
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| Making down jackets at Phu Linh Tailor (Dien Chau). Photo courtesy of Lam Tung |
At this time, applying Clause 1, Article 97 of the 2012 Labor Code: Employees working overtime are paid according to the unit price of salary or salary according to the work being done. On holidays and paid leave days, at least 300% excluding holiday and paid leave wages for employees receiving daily wages.
Therefore, if employees work overtime on New Year's Day, they will receive at least 400% of their normal working day salary.
Night work overtime earns at least 490% of salary
Clause 2, Article 97 of the Labor Code stipulates: Employees working at night shall be paid an additional amount of at least 30% of their salary calculated according to the salary unit price or salary according to the work of a normal working day. In case of overtime work at night, in addition to being paid according to the actual working time and overtime salary, employees shall also be paid an additional 20% of their salary calculated according to the salary unit price or salary according to the work done during the day.
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| Employees working overtime on New Year's Day will receive at least 400% of their normal working day salary. |
For daily wage earners, in addition to a minimum wage of 390%A, employees are also paid Tet holiday wages according to regulations. And thus, if they work overtime at night on New Year's Day, the total wage that employees receive is 490% of the normal working day's wage.
May not get Tet bonus
Regarding bonuses, according to the Labor Code, specifically Clause 1, Article 103: Bonus is the amount of money that the employer rewards the employee based on the annual production and business results and the employee's level of work completion.
With this regulation, it can be seen that the law does not require businesses to give New Year bonuses to employees. Businesses can give bonuses or not, and if they do, the amount of the bonus will be decided by the employer.
