No overtime during Tet, will I get paid?

TRAN THI HONG(Cam Giang)

Answer: Article 98 of the 2019 Labor Code stipulates wages for overtime and night work as follows:

1. Employees who work overtime are paid according to the unit price of salary or actual salary paid according to the work being done as follows:

a) On weekdays, at least 150%;

b) On weekly holidays, at least 200%;

c) On holidays, Tet, and paid leave days, at least 300% excluding holiday, Tet, and paid leave wages for employees receiving daily wages.

2. Employees working at night shall be paid an additional amount of at least 30% of the salary calculated according to the unit price of salary or actual salary paid for the work of a normal working day.

3. Employees working overtime at night, in addition to being paid according to the provisions of Clause 1 and Clause 2 of this Article, shall also be paid an additional 20% of their salary calculated according to the unit price of salary or salary for work done during the day of a normal working day or of a weekly day off or of a holiday or Tet holiday.

Clause 1, Article 112 of the 2019 Labor Code stipulates holidays and Tet as follows:

1. Employees are entitled to take time off with full pay on the following holidays and Tet:

a) New Year's Day: 1 day (January 1st);

b) Lunar New Year: 5 days;

c) Victory Day: 1 day (April 30);

d) International Labor Day: 1 day (May 1st);

d) National Day: 2 days (September 2 and 1 day before or after);

e) Hung King's Commemoration Day: 1 day (10th day of the 3rd lunar month).

Thus, employees who work on Tet holidays are entitled to receive at least 300% of their salary, not including the salary of that working day for employees receiving daily wages.

During Tet holidays according to regulations, employees still receive full salary.