Legal advice

Will the company be fined for late announcement of Lunar New Year holiday schedule 2025?

. December 10, 2024 09:04

Question: I am working far from home so I have to wait for the company to announce the 2025 Lunar New Year holiday schedule to plan to return home. I want to know the deadline for companies to announce the Lunar New Year holiday schedule? If the company is late in announcing this holiday schedule, will it be penalized?

PHAM HANH (Nam Sach)

Reply:

On December 3, 2024, the Ministry of Labor, War Invalids and Social Affairs issued Notice No. 6150/TB-BLDTBXH on Lunar New Year holidays, National Day holidays, Victory Day holidays April 30 and International Labor Day May 1, 2025 for cadres, civil servants, public employees and workers.

Accordingly, the Ministry has proposed 3 options for the 2025 Lunar New Year holiday for employers to decide for employees working in private companies. Employers must notify employees of the 2025 Lunar New Year holiday options at least 30 days before implementation.

Therefore, companies must announce the Lunar New Year holiday schedule for 2025 so that employees are informed in accordance with the above regulations. Companies are encouraged to announce the Lunar New Year holiday schedule early to facilitate employees in planning to celebrate Tet with their families.

Pursuant to Clause 1, Article 6 and Clause 2, Article 18 of Decree 12/2022/ND-CP, in case a company violates the provisions of law on Tet holidays, it will be fined from 20 to 40 million VND.

Thus, in case the company is late in announcing the Lunar New Year holiday schedule for 2025 to employees, it may be penalized according to the above regulations.

According to Article 98 and Article 112 of the 2019 Labor Code, during the Lunar New Year, employees are entitled to 5 days off and receive full pay. Employees working on the Lunar New Year holiday will be paid by the company at least 300% of the salary of a normal working day, not including the Tet holiday salary for employees receiving daily wages.

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Will the company be fined for late announcement of Lunar New Year holiday schedule 2025?