April 30 and May 1, 2022 coincide on Saturday and Sunday, employees are entitled to make up work on the first 2 working days of the following working week, Monday (May 2) and Tuesday (May 3). /5). Those who work at businesses that only take 1 day off on a weekend will only get 1 day off. Thus, during the holidays of April 30 and May 1 this year, in fact, employees will have 3 or 4 consecutive days off.
Many readers wonder, does the law stipulate that on this holiday, employees can receive bonuses or not?
Accordingly, Article 104 of the Labor Code 2019 stipulates that bonus is the amount of money or property or other forms that the employer rewards to the employee based on the production and business results, the degree of successful completion of the business. workers’ work.
The bonus regulations are decided by the employer and publicly announced at the workplace after consulting with the representative organization of employees at the establishment, for the place where the representative organization of employees is located.
Therefore, at present, the Labor Code 2019 as well as its guiding documents only provide general provisions on bonuses and this is an optional clause for business owners and employers.
Whether or not to be rewarded will be decided by the employer and based on the production and business results, the employee’s job completion level.
How is the employee’s salary and bonus calculated?
Due to regulations on full salary, employees who take 2 full days off April 30 and May 1 will receive 100% of the salary of a normal working day. If they work in those 2 days, they will be charged for overtime.
According to Article 98 of the Labor Code 2019, an employee working on a public holiday is entitled to a minimum amount equal to 300% of his/her salary, excluding holiday wages for employees receiving daily wages. If the salary paid for the holiday is included, they will be entitled to at least 400% of the salary of a normal working day.
Article 98 of the Labor Code also stipulates that people working at night are 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. And if this night work is overtime (for example, April 30 and May 1 on holidays), they are also paid an additional 20% of the salary of the daytime work of that working day.
The employee has the right to refuse to work on a public holiday, or to request a renegotiation of the salary and bonus regime higher than the level specified in the law if working on a public holiday. The salary agreement level can be calculated based on the provisions of the Labor Code or negotiated for the enterprise to pay a higher salary than specified in the law.
at Blogtuan.info – Source: Eva.vn – Read the original article here