This year, the Lunar New Year takes place very close to the New Year holiday. During this holiday, many workers are still willing to work overtime to earn extra income. How will the regulation on calculating overtime pay on the Lunar New Year holiday be different from overtime on weekdays?
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Lunar New Year is a day off according to the regulations of employees, however, due to the characteristics of work or production and business needs, many businesses can still ask employees to go to work on this day. Going to work on the Lunar New Year holiday is voluntary on the part of the employee and no employer has the right to force the employee to work on this day. If the employee agrees to go to work on the right day of the Lunar New Year, it will be considered overtime and be paid a much higher salary than the average day.
Photo 1. Employees are overtime on the Lunar New Year holiday 2023 - How is this salary calculated?_Hotline: 0972118764
According to the 2019 Labor Code, employees are entitled to leave work and receive full salary during several public holidays; for the Lunar New Year, the minimum number of days off as prescribed is 05 days.
In particular, the rest days of the enterprises must ensure 1 day of the old year and 4 days of the new year, or 2 days of the old year and 3 days of the new year. If the official Tet holiday falls on the same week as the weekly rest day, the employee is entitled to make up for it on the working days of the following week.
Photo 2. How many employees working overtime on the Lunar New Year holiday 2023 would be paid?_ Hotline: 0972118764
Also according to the provisions of the 2019 Labor Code, employees who work overtime on public holidays and New Year's Day will be paid at least 300% of the salary calculated according to the salary unit price or the actual salary paid according to the work they are doing, not including the current wages on holidays and Tet for employees receiving the daily salary.
Employees who work overtime at night on public holidays and New Year's Day, in addition to paying the salary as prescribed, the employee is also paid an additional 20% of the salary calculated according to the salary unit price or the salary according to the work performed at the beginning of the day of public holidays and New Year's Eve.
In conclusion, when working during the day during the whole day of the Lunar New Year, employees will be paid at least 300% of the salary of the typical working day (excluding wages for holidays and Tet). Employees should pay attention to the company's Lunar New Year holiday schedule and the above regulations on overtime wages so as not to lose when negotiating wages with the employer.
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Socio-Economic General Department – TLK Law Firm
According to laodong.vn
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