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Salary and bonus regime for employees on April 30 and May 1, 2022

Salary and bonus regime for holidays April 30 and May 1, 2022: Take time off and enjoy full salary

According to the provisions of Clause 1, Article 112 of the 2019 Labor Code which was implemented in 2022, employees are entitled to rest on New Year’s holidays, including Hung Kings Anniversary (March 10 lunar calendar) and April 30 and 1/5 .

Labor is exchanged for holidays. For example, if April 30 and May 1 this year coincide with Saturday and Sunday, employees will get compensation breaks on Monday (May 2 and Tuesday (May 3). However, for employees who work in companies with only 1 day off at On weekends, employees are only entitled to 1 day off as compensation, meaning that employees will have 3 consecutive days instead of 4 days.

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During the holidays, the Labor New Year is off and full pay. Photo: TT

According to Clause 1, Article 112 of the 2019 Labor Code, on April 30 and May 1, the employee is entitled to leave with full pay. Therefore, if taking the 2 days leave, the employee is entitled to 100% of the normal working day salary.

Employees who come to work on April 30 and May 1 are counted as overtime. In accordance with letter c, Paragraph 1, Article 98 of the 2019 Manpower Law, workers who work on holidays are entitled to at least 300% of their salary excluding holiday wages for workers who receive daily wages.

Therefore, if the salary paid for national holidays is included, then employees who come to work on those days are entitled to at least 400% of the salary on a normal working day.

On the other hand, according to Clause 3, Article 98 of the 2019 Labor Code, employees who work overtime at night are entitled to additional nightly wages and overtime pay for normal work, and at the same time enjoy additional benefits. 20% of wages for work done on that working day.

Workers who work at night must be paid at least 30% of the calculated salary according to the unit price of wages or the salary actually paid according to work on a normal working day.

Employees have the right to refuse to work on Tet holidays, or to request a renegotiation of salaries and bonuses higher than the levels prescribed by law if working on Tet holidays. Negotiated salary levels can be calculated under the provisions of the labor law or encouraged to negotiate for the company to pay a higher salary in accordance with the provisions of the law.

Salary and bonus regime for holidays April 30 and May 1, 2022: Bonus convention with employees

The Labor Code in 2019 does not regulate the bonus regime for employees on holidays and Tet. The holiday bonus or Tet is the result of negotiations in a collective labor agreement between employees and the company.

Some businesses may have this set of conventions, but some may not. Before signing an employment contract, the employee should carefully study the agreement on this issue.

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Overtime work on public holidays is calculated at 400% of the salary compared to working days. In addition, on the 30 April and 1 May holidays, many businesses also have a bonus system for employees. Photo: Thought Writing

However, often now, institutions and businesses have a welfare fund or a reserve payroll fund. Companies can deduct from these funds to reward workers, civil servants, civil servants and employees on this year’s Tet holiday such as April 30 and May 1.

The amount of the bonus also depends on each job position, seniority or economic potential, and the production efficiency of each unit. This employee bonus is taxed if the bonus amount is 2 million VND or more. The tax deduction is 10% of the total bonus.

Employees must be aware of information on leave, salary calculations, and bonuses if any to claim legitimate benefits if required.

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