Overtime wages on the anniversary of the Ancestral Anniversary, April 30 and May 1 can be nearly 4 times, how to calculate?

Mar 30, 2022 10:18 GMT+7

Regarding the issue of salary and treatment for employees who work overtime on holidays and holidays, the Department of Labor Relations and Wage (Ministry of Labor, War Invalids and Social Affairs) said, about the wage unit price, according to regulations In Article 98 of the Labor Code, overtime workers are paid according to the unit price of wages or actual wages paid according to the work they are doing.

Specifically, on weekdays, the overtime salary is at least equal to 150%.

On weekly rest days, at least by 200%.

On public holidays, New Year’s Day, paid leave, at least equal to 300%, excluding the salary for holidays, Tet and paid holidays for employees who receive daily salary.

In case the employee works at night, he/she shall be paid at least 30% of the salary calculated according to the salary unit price or the actual salary paid according to the work of the normal working day.

In case of working overtime at night, in addition to paying salary according to the above general overtime regulations, the employee is also paid an additional 20% of the salary calculated according to the salary unit price or salary according to the day job of the employee. normal working day or on a weekly holiday or on a public holiday.

With Hung Kings Anniversary, Victory Day and International Labor Day,

According to the provisions of Clause 1, Article 112 of the Labor Code, these are public holidays and New Year holidays and employees are entitled to rest and receive full salary.

According to the provisions of Article 106 of the Labor Code, night working hours are counted from 10 pm to 6 am of the next day.

Pursuant to the above provisions, in case enterprises agree and arrange employees to work on April 30, May 1 and March 10 of the lunar calendar, they must pay overtime wages on holidays. holidays and New Year holidays for employees at the rate of at least 300% specified at point c, clause 1, Article 98 of the Labor Code.

In case the enterprise arranges employees to work overtime at night, in addition to paying the salary specified in Clauses 1 and 2 of Article 98, the enterprise must also pay the employee 20% of the salary as prescribed in Clause 1 of this Article. Clause 3, Article 98 of the Labor Code.

The method of calculating overtime wages on public holidays and New Year’s Day shall comply with the provisions of Articles 55 and 57 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020.

The Department of Labor Relations and Wages guides the calculation with a specific example as follows:

Employee A is entitled to pay monthly salary. In April 2022, employee A actually works 208 hours and has a total salary of 10 million VND (excluding some amounts as prescribed at point a, clause 1, Article 55 of Decree No. 145/2020). /ND-CP). Correspondingly, the actual hourly wage paid for each hour worked for employee A is 10 million VND/208 hours = 48,000 VND/hour.

So if this person works from 6 am to 12 pm on April 30, the salary for overtime during the day is calculated at least = 48,000 VND x 300% x 6 hours overtime = 864,000 VND.

If this person works from 0:00 to 6:00 on April 30, the overtime pay at night is calculated at least = [(48.000 đồng x 300%) + (48.000 đồng x 30%) + (20% x 48.000 x 300%)] x 6 hours of overtime = 48,000 x 390% x 6 hours of overtime = VND 1,123,200.

(Note: the rates 300%, 20% are the minimum)

According to dantri.com.vn