7 days off for Tet
According to the announcement of the Ministry of Labor, War Invalids and Social Affairs (LISA), cadres, civil servants, public employees and Employees of administrative agencies, public service agencies, political organizations, and socio-political organizations will have the Lunar New Year holiday in 2024 from Thursday (February 8, 2024) to Wednesday (February 14, 2024). February 2024).
This leave includes 5 days off for Tet and 2 days off to compensate for weekly holidays, as prescribed in Clause 3, Article 111 of the Labor Code.
The Ministry of Labor, Invalids and Social Affairs encourages employers to apply the Lunar New Year holiday for employees as prescribed for civil servants and public employees. Employers must notify employees of the Lunar New Year leave plan at least 30 days in advance.
If the weekly day off coincides with the Lunar New Year holiday or National Day holiday, the employer shall arrange a compensatory weekly day off for the employee. on the next working day according to the provisions of Clause 3, Article 111 of the Labor Code.
Agencies and units that do not observe the Lunar New Year and National Day holidays in 2024 should note arrangements Departments work properly to handle work continuously, ensuring good service to organizations and people.
For businesses that do not belong to the above mentioned subjects, they can choose 1 of 3 methods. Tet holiday plan.
Option 1: Lunar New Year 2024 includes 1 last day of the year of the Cat and the first 4 days of the year of the Dragon. With this option, employees will have Tet holiday from February 9, 2024 to February 15, 2024 (ie December 30 to January 6).
Option 2: Leave Lunar New Year 2024 includes the last 2 days of the Year of the Cat and the first 3 days of the Year of the Dragon. With this plan, employees will have Tet holiday like civil servants from February 8, 2024 to February 14, 2024 (ie December 29 to January 5).
Option 3: Lunar New Year 2024 includes the last 3 days of the Year of the Cat and the first 2 days of the Year of the Dragon. If the employer chooses this option, the employee will have leave from February 7, 2024 to February 13, 2024 (ie December 28 to January 4).
To facilitate employees in arranging Tet vacation time as well as choosing to register for Tet holiday overtime, the Ministry of Labor, War Invalids and Social Affairs requires businesses to notify early the Tet holiday plan chosen as the Tet holiday schedule. 2024 for employees.
Tet bonus is not mandatory
After each year of work and dedication, the year-end Tet bonus is always workers look forward to it. Currently, businesses have announced salary and bonus levels for employees during the 2024 Lunar New Year.
However, these current legal regulations do not stipulate the responsibility for Tet bonuses. Whether or not a Tet bonus depends on the unit’s bonus regulations.
However, the Labor Code encourages agreements that ensure employees have more favorable conditions than prescribed by law. labor law. Under favorable conditions, businesses can consider adding a Tet bonus to show gratitude for their dedication as well as support some of the difficulties for employees when they lose their jobs near Tet.
Holiday overtime payHow is Tet calculated?
According to the provisions of Point a, Clause 2, Article 107 of the 2019 Labor Code and Clause 1 Article 59 of Decree 145/2020/ND-CP, enterprises that want to use employees to work overtime on Tet must obtain the employee’s consent (except in some cases where the company is assigned to work overtime without Need the employee to agree to the provisions in Article 108 of the 2019 Labor Code).
Regarding overtime wages as prescribed in Article 98 of the 2019 Labor Code, employees work overtime during the Lunar New Year During the day, they are paid at least 300%, not including holiday wages for employees receiving daily wages (400% in total).
In case of overtime work at night, they are paid at least equal to overtime pay during the day + extra pay when working at night + extra pay when working overtime at night on holidays.
Employees’ overtime pay is exempt from personal income tax.
Thus, employees who work on the 2024 Lunar New Year holiday will be paid at least 300% of their salary. including holiday payTet paid holidays for employees receiving daily wages.
At the same time, if employees work at night and work overtime at night, they will be paid an additional amount of at least 30 % of salary calculated based on salary unit price + 20% salary calculated based on salary unit price or salary based on work performed during the day on a normal working day or on a weekly day off or on a public holiday.
Do employees receive a salary advance before Tet holiday?
According to the provisions of Article 101 of the 2019 Labor Code, employees are entitled to an advance salary during the Tet holiday? In some cases, salary advances are made according to conditions agreed upon by both parties and interest is not charged.
Salary advances correspond to the number of days the employee temporarily leaves work to fulfill their obligations. citizens for 1 week or more but not more than 1 month’s salary and the employee must repay the advance amount.
When annual leave is not yet due, the employee is entitled to an advance payment. The salary is at least equal to the salary for the holidays.
Thus, the employee can agree with the employer to advance salary for Tet holiday without interest.
Pursuant to the provisions in Clause 3, Article 97, Article 101 and Clause 2, Article 128 of the 2019 Labor Code, the level of salary advance will depend on each case of advance.
Specifically, a maximum of 1 month’s salary in school In case the employee temporarily quits his job to perform his civic duty for 1 week or more; an amount of money at least equal to the salary of the days off when the employee takes annual leave.
Based on the amount of work done in the month for employees receiving salary according to piecework; 50% of the salary when the employee is temporarily suspended.
In case the two parties agree, the amount of advance payment will be made based on the will of the employee and the employer. dynamic. The law does not specifically stipulate the maximum salary advance.
A salary advance is when an employee receives his salary ahead of time, it is not a loan, so he will not have to pay any penalty. any interest rate period.
The advance salary will be based on the employee’s proposal and other factors such as the current salary, work situation, and time working at the company of each person. If you advance salary before Tet, employees can request salary advance from 30%, 0, 50, 7100%…
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