Salary for working during Lunar New Year

* During the Lunar New Year 2022, employees will have 5 days off with full pay.

Pursuant to Point b, Clause 1, Article 122 of the 2019 Labor Code, during Lunar New Year, employees are entitled to 5 days off and receive full pay.

Pursuant to Clauses 1 and 5 of Notice 119/TB-LĐTBXH dated January 14, 2022 of the Ministry of Labor, War Invalids and Social Affairs, cadres, civil servants, public employees and employees of administrative agencies, public service agencies, political organizations, socio-political organizations will have Lunar New Year holidays from January 31 to February 4, 2022 (ie December 29, Tan Suu year to January 4, Nham Dan year). Employers shall arrange for employees who are not subject to the above-mentioned subjects to have 1 day off at the end of the year and 4 days at the beginning of the year or 2 days at the end of the year and 3 days at the beginning of the Lunar New Year.

* How are overtime wages paid to employees during the Lunar New Year holiday?

Pursuant to Point c, Clause 1, Article 98 of the 2019 Labor Code, employees working overtime on Tet holidays are paid according to the unit price of salary or actual salary paid for the work being done at least 300% excluding Tet holiday salary for employees receiving daily wages.

For example: The normal daily wage of a worker is 100,000 VND/hour; then working on Tet holiday will be at least 300,000 VND/hour, plus the Tet holiday wage of 100,000 VND/hour for workers receiving daily wages.

Environmental sanitation workers have to work throughout Tet, and only after the first day of Tet can they divide their shifts to return to their families. Photo: QA documents

* Employees working at night on Lunar New Year holidays are paid at least 330% of their normal daily wages.

Pursuant to Clause 2, Article 98 of the 2019 Labor Code, employees working at night will be paid an additional amount of at least 30% of the salary calculated according to the unit price of salary or actual salary paid for the work of a normal working day. Thus, employees working at night on Tet holiday will be paid at least 330% excluding Tet holiday salary for employees receiving daily wages.

For example: The normal daily wage of a worker is 100,000 VND/hour; then working at night during Tet holiday is at least 330,000 VND/hour, plus the Tet holiday wage of 100,000 VND/hour for workers receiving daily wages.

* How are workers paid for working overtime at night during the Lunar New Year holiday?

Clause 3, Article 98 of the 2019 Labor Code stipulates: "In addition to being paid according to the provisions of Clause 1 and Clause 2 of this Article, employees working overtime at night shall also be paid an additional 20% of their salary calculated according to the unit price of salary or salary for work done during the day of a normal working day or a weekly day off or a holiday or Tet holiday".

Thus, the salary of employees working overtime at night on Tet holiday is at least 390%, not including Tet holiday salary for employees receiving daily salary.

For example: The normal daily wage of an employee is 100,000 VND/hour; then overtime at night during Tet holiday is at least 390,000 VND/hour, plus the Tet holiday wage of 100,000 VND/hour for employees receiving daily wages.

Many cafes serve customers during Tet. Photo: Internet

* Employers who pay overtime and night work during Lunar New Year lower than the prescribed rate will be punished.

Pursuant to 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 do not pay or do not pay enough overtime wages; do not pay or do not pay enough wages for night work. The above fine applies to individual employers; in case the employer is an organization that violates, the fine shall be doubled.