Wages for working during the Lunar New Year holiday.
During the Lunar New Year holiday, most workers are given time off, but some continue working throughout the holiday. However, not everyone is aware of how their wages will be calculated according to the law.
* During the Lunar New Year holiday of the Year of the Tiger 2022, employees were entitled to 5 days off with full pay.
Based on Point b, Clause 1, Article 122 of the 2019 Labor Code, employees are entitled to 5 days off with full pay during the Lunar New Year holiday.
Based on Clauses 1 and 5 of Notice 119/TB-LĐTBXH dated January 14, 2022, from the Ministry of Labor, Invalids and Social Affairs, officials, civil servants, and employees of administrative agencies, public service organizations, political organizations, and socio-political organizations will have Lunar New Year holidays from January 31 to February 4, 2022 (i.e., from the 29th day of the 12th lunar month of the Year of the Ox to the 4th day of the 1st lunar month of the Year of the Tiger). Employers should arrange for employees not covered by the above-mentioned categories to have 1 day off at the end of the year and 4 days off at the beginning of the Lunar New Year, or 2 days off at the end of the year and 3 days off at the beginning of the Lunar New Year.
* How are overtime wages paid to employees working during the Lunar New Year holiday?
Based on Point c, Clause 1, Article 98 of the 2019 Labor Code, employees working overtime on Tet holiday are entitled to wages calculated at least 300% of their regular wage rate or actual wage for the work performed, not including the Tet holiday pay for employees receiving daily wages.
For example: If a worker's normal daily wage is 100,000 VND/hour, then working during Tet (Lunar New Year) will earn at least 300,000 VND/hour, plus the Tet holiday bonus of 100,000 VND/hour for workers paid on a daily basis.
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| Environmental sanitation workers have to work throughout the Tet holiday, only being divided into shifts to take time off and return home to their families after the first day of Tet. (Photo: QA archives) |
* Workers who work at night during the Lunar New Year holiday will be paid at least 330% of their normal daily wage.
According to Clause 2, Article 98 of the 2019 Labor Code, employees working at night are entitled to an additional payment of at least 30% of their regular daily wage or actual wages for the work performed during a normal workday. Therefore, employees working at night during Tet (Lunar New Year) will receive at least 330% of their regular daily wage, in addition to their Tet holiday pay.
For example: If a worker's normal daily wage is 100,000 VND/hour, then working at night during Tet (Lunar New Year) will earn at least 330,000 VND/hour, plus the Tet holiday bonus of 100,000 VND/hour for workers paid on a daily basis.
* How are workers compensated for working overtime at night during the Lunar New Year holiday?
Clause 3, Article 98 of the 2019 Labor Code stipulates: "In addition to the wages paid as prescribed in Clauses 1 and 2 of this Article, employees working overtime at night shall also be paid an additional 20% of their wages calculated based on the hourly wage rate or the wage for the work performed during the day on a normal working day, a weekly rest day, or a public holiday."
Therefore, the wages of workers who work overtime at night during the Tet holiday must be at least 390%, not including the Tet holiday pay for workers who are paid on a daily basis.
For example: If a worker's normal daily wage is 100,000 VND/hour, then overtime work at night during the Tet holiday must be at least 390,000 VND/hour, plus the Tet holiday wage of 100,000 VND/hour for workers who are paid on a daily basis.
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| Many cafes serve customers throughout the Tet holiday. Photo: Internet |
* Employers who pay less for overtime or night work during the Lunar New Year holiday than the legally mandated rate will be subject to penalties.
Based on Clause 1, Article 6 and Clause 2, Article 17 of Decree 12/2022/ND-CP, a fine of VND 5 million to VND 50 million shall be imposed on employers who fail to pay or pay insufficient overtime wages; or fail to pay or pay insufficient wages for night work. The above fine applies to individual employers; in the case of employers who are organizations, the fine shall be doubled.