What benefits do employees receive when going to work on National Day September 2?

National Day September 2 (also known as Independence Day) is one of the most anticipated holidays of the year. However, not all workers get to have a full 4-day break on National Day this year.

There are people who choose or are forced to work on holidays due to the nature of their work. So what is the regime when employees take time off or work on the 2/9 holiday?

According to the National Day holiday schedule on September 2, 2023, employees will start working from Friday, September 1 to Monday, September 4. Illustration photo: KT

Lawyer Nguyen Manh Tuan - Director of Minh Gia Law Company Limited ( Hanoi Bar Association) shares with readers as follows:

In case the employee takes leave on a holiday

Article 112 of the 2019 Labor Code stipulates the National Day holiday on September 2 as follows:

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

d) National Day: 02 days (2nd day of the solar month and 01 day immediately before or after);”

Thus, on September 2nd, employees will have 2 days off and receive full pay.

Pursuant to Article 111 of the 2019 Labor Code, Weekly Rest is stipulated as follows: “3. If a weekly rest day coincides with a public holiday or Tet holiday as prescribed in Clause 1, Article 112 of this Code, the employee shall be entitled to take a compensatory weekly rest day on the next working day.”

Thus, if the September 2nd holiday falls on a weekly day off, employees will be compensated with the next working day off and still receive full pay.

In 2023, the national holiday falls on Friday and Saturday, so employees will have Friday, Saturday and Sunday off. In case Saturday is a weekly day off, employees will also have compensatory leave on the following day, which is Monday. Therefore, on this holiday, employees will have 04 days off.

In case the employee has to go to work on the holiday September 2nd

According to the provisions of Article 98 of the 2019 Labor Code, working on holidays is considered overtime and employees will receive overtime pay. Article 98 stipulates overtime pay and night work on National Day as follows:

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

...

c) On holidays, Tet, and paid leave days, at least 300%, not including holiday, Tet, and paid leave wages for employees receiving daily wages.

...”

Thus, based on the above regulations, if an employee has to work on a holiday, he/she will receive a salary of at least 300%, not including holiday pay (if any). That is, the employee will be paid 300% of the overtime salary and 100% of the salary for the National Day holiday.

For example, in 2023, the September 2nd holiday falls on Friday and Saturday. If these two days are two working days of the week and the employee goes to work on these days, the salary the employee receives will be calculated at least 400% for one working day.

In addition, during the September 2 holiday, employees can also receive bonuses according to the provisions of Article 104 of the 2019 Labor Code. However, this bonus is not a mandatory provision but depends on the production and business situation and work completion results as well as the employer's regime.

Correspondent Vung Nguyen (VOV.VN)

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