WHICH DAY OFF IS PAID 300% OF SALARY IF EMPLOYEE CHOOSE TO WORK?

1. Legal basis

- The Labor Code 2019.

2. Which day off is paid 300% of salary if employee choose to work?

According to Point c, Clause 1, Article 98 of The Labor Code 2019, employees who work overtime on holidays, Tet, or paid days off are paid at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.

2.1. Holidays that employees shall be entitled to fully paid

According to the provisions of Clause 1, Article 112 of the Labor Code 2019, each year employees have a total of 11 holidays and New Year holidays in which they are entitled to leave work with full pay, specifically as follows:

- Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar)

- Lunar New Year Holidays: 05 days

- Victory Day: 01 day (the 30th of April of the Gregorian calendar)

- International Labor Day: 01 day (the 1st of May of the Gregorian calendar)

- National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day)

- Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar)

Note: For foreign workers working in Vietnam, in addition to the holidays as prescribed above, they are also entitled to 01 additional day off for the traditional Tet holiday and 01 day off for their country's National Day. Every year, based on actual conditions, the Prime Minister will make a specific decision on holidays for the Lunar New Year and National Day holidays.

2.2. Days off that employees shall be entitled to fully paid

2.2.1. Annual days off

According to the provisions of Article 113 of the Labor Code 2019, those who work for a full 12 months for an employer are entitled to annual leave with full salary according to the labor contract as follows:

- 12 working days for employees who work in normal working conditions;

- 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works

- 16 working days for employees who do highly laborious, toxic or dangerous works

Note: According to Article 114 of this Law, for every 5 years of working for an employer, the number of annual leave days of the employee as prescribed in Clause 1, Article 113 of this Code is increased equivalently for 1 day.

2.2.2 Personal days off

According to the provisions of clause 1 Article 115 of the Labor Code 2019, employees are entitled to off for their personal matters while still receiving full salary and must notify the employer in the following cases:

- Marriage: 03 days;

- Marriage of his/her biological child or adopted child: 01 day;

- Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.

Above are the days off that are paid at 300% of salary if the employee goes to work. In fact, going to work on a day off with such a high salary not only satisfies financial needs but also motivates employees to strive and improve their skills and work performance.

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For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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Attention: This legal update is not an advice and should not be treated as such.