Working during the Tet Holiday in 2025 comes with special wage provisions under Vietnamese labor law, ensuring fair compensation for employees during this significant national holiday. Follow this topic through TLA’s article below:
1. How Much Will Employees Be Paid If They Work During the New Year’s Holiday 2025?
1.1. Wages for Working During the New Year’s Holiday 2025
According to Article 98 of the 2019 Labor Code, which regulates overtime pay and wages for night work, employees working on the New Year’s holiday 2025 will be entitled to a wage of at least 300% of their regular daily wage, in addition to the holiday pay (if applicable for those receiving daily wages).
Furthermore, employees who work during nighttime hours on the holiday will receive an additional 30% of their daily wage based on the wage rate or salary for their regular work.
If employees work overtime during nighttime hours on New Year’s holiday 2025, they will be entitled to an additional 20% of their daily wage based on the wage rate for daytime work on regular days, as specified in Article 98:
Article 98. Wages for Overtime and Night Work
- Employees working overtime will be paid based on the wage rate or actual salary of the current work as follows:
a) On normal days, at least 150%;
b) Upon weekly rest days, at least 200%;
c) On public holidays, Tet holidays, and paid leave days, at least 300%, excluding the holiday pay for employees who receive daily wages. - Employees working at night will receive at least an additional 30% of their daily wage based on the wage rate or actual salary of their regular work.
- Employees working overtime at night will, in addition to the pay specified in Clauses 1 and 2 of this Article, receive an extra 20% of their daily wage based on the wage rate or salary for regular daytime work, weekly rest days, or public holidays and Tet holidays.
- The Government shall specify detailed regulations for this Article.
In conclusion, employees who work during New Year’s holiday 2025 are entitled to receive at least 400% of their daily wage (including holiday pay and overtime pay).
Note: For employees who work fewer hours than a full day (e.g., working 2 hours instead of the usual 8-hour shift), the wage will be calculated proportionally to the number of hours worked.
1.2. Maximum Working Hours During New Year’s Holiday 2025
Under Points b and c, Clause 1, Article 107 of the 2019 Labor Code, and Article 60 of Decree 145/2020/ND-CP, the limits on overtime hours are specified as follows:
Article 107. Overtime Work
- Overtime work refers to the working hours beyond normal working hours as prescribed by the law, collective labor agreements, or labor regulations.
- Employers may require employees to work overtime under the following conditions:
a) The employee agrees to work overtime;
b) Overtime hours must not exceed 50% of normal daily working hours. If the employer applies a weekly work schedule, the total regular working hours and overtime hours must not exceed 12 hours per day and 40 hours per month;
c) Overtime hours must not exceed 200 hours per year, except in cases specified in Clause 3 of this Article.
Article 60. Overtime Hour Limits
- Total overtime hours must not exceed 50% of normal daily working hours during regular workdays, except as specified in Clauses 2 and 3 of this Article.
- If applying a weekly work schedule, the total regular working hours and overtime hours must not exceed 12 hours per day.
- For non-full-time workers as specified in Article 32 of the 2019 Labor Code, total regular working hours and overtime hours must not exceed 12 hours per day.
- Total overtime hours must not exceed 12 hours per day during public holidays, Tet holidays, and weekly rest days.
2. Cases Where Employers May Require Up to 300 Overtime Hours Annually During New Year’s Holiday 2025
According to Clause 3, Article 107 of the 2019 Labor Code, employers may require employees to work up to 300 overtime hours annually in the following cases:
(i) Manufacturing and processing export goods in industries such as textiles, garments, footwear, electronics, agriculture, forestry, salt production, and fisheries.
(ii) Production and supply of electricity, telecommunications services, oil refining, and water supply and drainage services.
(iii) Work requiring employees with specialized technical expertise that the labor market cannot adequately and promptly supply.
(iv) Urgent tasks that cannot be delayed due to seasonal demands, timing of materials or products, or unforeseen factors such as weather, natural disasters, fires, power outages, material shortages, or technical failures in production lines.
(v) Other cases as specified by the Government.
Article 107. Overtime Work
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3. Employers may require employees to work up to 300 overtime hours annually in the following sectors, industries, or circumstances:
a) Production and processing of export goods in textiles, garments, leather, footwear, electronics, agriculture, forestry, salt production, and fisheries;
b) Production and supply of electricity, telecommunications services, and oil refining; water supply and drainage services;
c) Work requiring employees with specialized technical skills unavailable in the labor market;
d) Urgent work that cannot be postponed due to seasonal demands, material timing, unforeseen factors, or technical incidents in production lines;
e) Other cases as prescribed by the Government.
In conclusion, while employers have the flexibility to utilize overtime during the New Year’s holiday 2025, the applicable wage rates and limits on working hours ensure both fair compensation and the protection of employees’ rights. Employees should fully understand these provisions to safeguard their interests during this period.
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-Doan Huyen My-