Compliance with regulations payroll holidays is a legal obligation and also the key factors to help businesses maintain credibility retain personnel, uplifting work. According to The Labour code 2019, employees who work on holidays to be paid at least 300% of salary, not including salary, vacation days, however, many businesses still applied incorrectly, leading to complaints or administrative violations.
This article Lac Viet Computing will help the business understand the nature of a rule, avoid risk, and optimal benefits for both the employee and the organization.
1. Provisions salary calculator holidays is what?
1.1. Concept, scope of application
Provisions salary calculator holidays are the instructions specific legal state issued aims to determine the pay for the employees when working in the holidays. According to Article 97 of The Labor code 2019if the employee works on a public holiday, they must be paid at least 300% of the salary of a normal working day, not including pay for holidays, enjoy the raw wage.
This regulation applies to all employees working under a contract of employment, irrespective of the type of contract (specify term, indefinite, or seasonal). This ensures all personnel, from office to manufacturing, are protecting the rights fair.
For example: An employee receives salary 12.000.000, if working on 2/9, will be entitled to at least 300% of normal days, equivalent to about 1.200.000 vnd/day (not including salaries of public holidays).
1.2. The holidays are entitled to the special
According to Article 112 of The Labour code 2019, workers are entitled to work and enjoy full pay in the following occasion:
- New year's day: 01 January (1/1 calendar)
- Lunar new year: 05 days
- Death anniversary Hung Vuong: 01 day (th 10/3 lunar calendar)
- Victory day 30/4: 01 day
- International Workers ' day 1/5: 01 day
- National day 2/9: 02 days
If the business requires work on the day, how to calculate the salary holidays will apply a minimum by law, may be higher than if the agreement in the contract or statute bonus. The clearly specified in the contract, the internal regulations will help business transparent limitation disputes help enhance the satisfaction of employees.
2. Legal grounds on payroll holidays
2.1. The Labor code 2019 and the Decree related
Legal grounds most important to business applicable regulations, payroll holidays is The Labour code 2019, in particular in Article 97 and Article 112.
- Article 97 stipulates clear: employees work on a holiday will be paid at least equal to 300% of the salary of a normal working day, not including the salary of the holidays enjoyed by the raw wage. Case work at night or overtime during holidays, this level is plus 20-30% depending on working conditions.
- Article 112 complete listing of holidays, new year, enjoy the raw wage, help the business determine the exact time of applying special mode.
- Decree 145/2020/ND-CP detailed instructions how to calculate payroll, how to determine the unit price now and regulations with the case workers follow product exchange or by the hour.
The keep abreast of the legal documents this business:
- Ensure legal compliance and avoid penalties from 10 to 100 million by Decree 12/2022/ND-CP if pay is not strictly regulated.
- Create trust retain personnel for their rights is to ensure transparency of the law.
- Optimal process management, personnel management, when the regulations are uniformly applied, limiting the risk of dispute.
For example, A company that produces apparel in Binh Duong been fined 75 million (in the year 2023, source: molisa.gov.vn) do not apply the level of 300% when employees work on the lunar new year. This is clearly evidenced that the understand, apply properly specified is not only obligations but also is vital to the business.
2.2. Regulation of pay and the time of payment
In addition to the pay, the law also specified on the moment of payment:
- According to Article 95 of The Labour code 2019, businesses must pay wages on time, not later than 30 days from the date paid under the contract.
- With wages, work on holidays, new year, businesses should pay the same salary to ensure transparency helps employees easily follow.
- Case shift lasts through 0h (for example ca 22h 30/4 to 6am 1/5), the entire work time belonging to the time frame of the holidays will be charged at the rate of 300% or up.
Compliance deadlines principle paid help:
- Avoid complaints and disputes due to late payment or false.
- Increase corporate reputation in the eyes of employers and regulatory bodies.
- Ensure transparency when reporting financial settlement costs salary.
3. How to calculate wages, holidays under the provisions
3.1. Formula for calculating pay while working on holidays
According to Article 97 of The Labor code 2019, when workers work on a public holiday, new year, wages have to pay at least 300% of the salary of a normal working day, not including the salaries of the holidays enjoyed by the raw wage.
Formula:
Salary holidays = Salary 1 working day × 300% + Salary holidays enjoy raw wage
In which:
- Salary 1 day work = monthly Salary / Number of working days standard in months (usually 26 days according to specified business).
- Salary holidays enjoy raw wage has been prescribed in Article 112, ensuring workers receive the wages for the holidays by law.
Illustrative example: An employee whose basic salary 10.400.000/month, business working 26 days/month.
- Salary 1 day = 10.400.000 / 26 = 400,000.
- Salary when working on the National day 2/9 = 400.000 × 300% + 400.000 = 1.600.000 copper.
Applying the right formula not only helps businesses avoid violating the provisions salary calculator holidays, but also to show transparency in wage policy, contributing to the retention of personnel.
3.2. Case workers do overtime on holidays
When workers just work on holidays, just overtime, wages will be plus 20% (ca day) or 30% (ca night) on the basis of actual wage paid to the holidays.
Illustrative examples:
Staff on to do 2 more hours shift night into day:
- Hourly holidays = (400.000 × 300%) / 8 hours = 150,000/hour.
- Money making extra night = 150.000 × 2 hours × 130% = 390.000 vnd.
- The total salary in days = 1.600.000 + 390.000 = 1.990.000 copper.
According to the ILO report 2024, the business properly apply enough mode paid to do more on holidays recorded resting rate, the reduction of an average of 12% compared to the business does not comply with (Source). This suggests that the policy pay transparency is important lever for the mounted staff.
3.3. Salaried workers under product exchange
With labor paid by the product or exchange, how to calculate the salary holidays based on the unit price of the product or the exchange, with the number of products or completed work, then plus 300% of the normal price for the volume of work on holidays.
For example, A worker may be paid 15,000/product, do be 20 products in holidays:
- Salaries holidays = 15.000 × 20 × 300% = 900,000 vnd (not including salary, vacation days to enjoy raw wage if available).
Apply exactly to each form of paid help businesses avoid errors, especially in the manufacturing industries and construction – where more than 60% of workers paid according to the product (according to the General statistics office of Vietnam, 2024).
4. Mistakes businesses often encountered when applying the provisions salary calculator holidays
4.1. Teen or wrong percentage
One of the most common errors is applied not right level of 300% of salary for time worked on holidays and new year according to the provisions of Article 97 of The Labor code 2019. Some businesses only add 200% or confusion between percent overtime on weekdays and holidays. This makes the total wages paid lower than in the law, which led to complaints from workers.
For example, Staff salaries 400,000/day working on holidays, but business only pays 200% instead of 300%, leading to lack of 400,000 for a shift. This number, however small, in an individual, but if on the scale of hundreds of workers, many holidays, damages and legal risk is significant.
4.2. No allowance or award under the agreement
In addition to the basic salary, many businesses ignore the allowances fixed (lunch, gasoline, toxic...) or the bonus was stated in the contract when payroll holidays. This reduces the benefits fact of the labor and violation of the principle of “pay up, pay the right” in the specified payroll holidays.
According to the survey of the General confederation of Labor of Vietnam 2024, with up to 18% of the workers reflected that the business has sufficient allowance in salary, holidays, cause psychological dissatisfied reduce mounted. Businesses need to scrutinise regulations, payroll, contract to ensure that all income has been committed are to salary calculation holidays.
4.3. Do not update the new rules lead to violation of the law
Labor laws are regularly amended and supplemented, as the increase in the number of vacation days National from 1 to 2 days (apply from 2021). However, many businesses still applies holiday calendar old or formula for calculating the salary does not match, lead to pay money or layout work schedule against the law.
Consequences not only is violation of legal but also affect the business image. According to the Decree 12/2022/ND-CP, behavior, pay wages do not comply can be fined from 10 to 100 million, depending on the number of workers affected.
The mistake on not only cause financial losses due to fines, but also generate losses invisible: lose the trust of employees, increase the rate of absenteeism, loss of reputation in the recruitment market. A policy, payroll, holidays obviously, the right rules will help medium businesses comply with the law, while improving the professional image retain talent.
5. Solution hr LV SureHCS support, payroll, holidays, accurate, fast
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