Salary and New Year's bonus 2020: What employees need to know
For New Year's Day, employees working overtime are entitled to at least 400% of their regular wage, and those working night shifts are entitled to at least 490% of their regular wage. Despite having only one day off for New Year's Day 2020, employees were very concerned, especially about wages and bonuses.
Paid time off work.
According to Article 115 of the 2012 Labor Code: Employees are entitled to time off work with full pay on public holidays, including: New Year's Day (January 1st) - 1 day. If these holidays coincide with a weekly day off, employees are entitled to a compensatory day off on the following day.
However, since January 1st, 2020 falls on a Wednesday, employees will only be entitled to one day off with full pay.
Overtime work is compensated at least 400% of the regular wage.
As analyzed, employees are entitled to a day off on New Year's Day. If a company arranges for employees to work on this day, it will be considered overtime.
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| Making down jackets at Phu Linh Tailor Shop (Dien Chau). Photo courtesy of Lam Tung. |
At this time, applying Clause 1, Article 97 of the 2012 Labor Code: Employees working overtime shall be paid wages calculated based on the hourly wage rate or the wage for the work being performed. On holidays and paid days off, the wage shall be at least 300%, not including the holiday pay or paid day off pay for employees receiving daily wages.
Therefore, if employees work overtime on New Year's Day, they will be entitled to at least 400% of their normal daily wage.
Working overtime at night earns at least 490% of the regular wage.
Clause 2, Article 97 of the Labor Code stipulates that employees working at night shall be paid at least 30% more than their regular daily wage or piece-rate wage. In the case of overtime work at night, in addition to the actual working time wage and overtime pay, employees shall also be paid an additional 20% of their daytime wage or piece-rate wage.
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| Workers who work overtime on New Year's Day will be entitled to a minimum of 400% of their normal daily wage. |
For employees paid on a daily basis, in addition to a minimum wage of 390%A, they are also paid a holiday pay as stipulated. Therefore, if they work overtime at night during the New Year's Day holiday, the total wage they receive will be 490% of their normal daily wage.
You may not receive a Tet bonus.
Regarding bonuses, according to the Labor Code, specifically Clause 1, Article 103: A bonus is an amount of money that the employer awards to the employee based on the annual business results and the employee's level of job performance.
This regulation shows that the law does not require businesses to give New Year's bonuses to employees. Businesses can choose to give bonuses or not; if they do, the amount will be decided by the employer.
