Is it compulsory for enterprises in Vietnam to pay 13th-month salary for employees? What is the salary of employee working during Tet holidays in Vietnam? What are regulations on annual leave of employees in Vietnam?
Hello Lawnet. The end of the year is coming, my company will usually pay the 13th-month salary for employees. This year, I heard that due to difficult business, the company may not pay the 13th-month salary. I have a question. Is it compulsory for enterprises in Vietnam to pay 13th-month salary for employees?
Pursuant to Article 104 of the Labor Code in 2019 stipulating bonuses as follows:
1. A bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.
2. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).
As regulations above, 13th-month salary (a bonus) is an amount of money provided by an employer. It is not compulsory for enterprises in Vietnam to pay 13th-month salary for employees.
Pursuant to Article 98 of the Labor Code in 2019 stipulating overtime pay, night work pay as follows:
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
4. The Government shall elaborate this Article.
As regulations above, during Tet holidays, an employee will be paid at least 300% based on the piece rate or actual salary.
Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leave of employees in Vietnam as follows:
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
c) 16 working days for employees who do highly laborious, toxic or dangerous works.
2. An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.
4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.
5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.
6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.
7. The Government shall elaborate this Article.
Above are regulations on annual leave of employees in Vietnam.
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