Do teachers on duty during Tet holiday get overtime pay?

According to the decision of the Ministry of Labor, War Invalids and Social Affairs , for the 2024 Lunar New Year, officials, civil servants, public employees and workers nationwide will have a total of 7 days off.

Holiday time is from February 8 (December 29, year of the Cat) to February 14 (January 5, year of the Dragon).

Implementing the national Lunar New Year holiday schedule, localities and schools have assigned teachers and workers to take turns being on duty at their units. Many teachers and school staff wonder if they will be entitled to overtime pay if they participate in the Lunar New Year 2024.

Are teachers on duty during Tet holiday entitled to overtime pay? (Illustration photo)

According to Article 13 of the 2010 Law on Civil Servants, teachers on Tet holiday will receive full salary, there is no regulation requiring teachers to be on duty during Tet holidays. In case teachers participate in Tet holiday duty, they will be paid overtime.

Thus, if teachers are on duty during Tet from February 8 to February 14 (from the 29th to the 5th day of Tet), they will receive overtime pay. If they are on duty during Tet outside this time, teachers will not be paid overtime but will only be on normal administrative duty as assigned by the head of the unit.

Regarding overtime pay, Article 98 of the 2019 Labor Code stipulates: Employees working overtime on holidays, Tet, and paid leave days must be paid at least 300%, not including holiday pay, Tet, and paid leave days for employees receiving daily wages.

Workers working at night are paid an additional amount of at least 30% of their wages calculated according to the unit price of wages or actual wages paid for the work of a normal working day.

Employees working overtime at night, in addition to being paid according to the above regulations, will also be paid an additional 20% of their salary calculated according to the salary unit price or salary according to the work done during the day on holidays and Tet.

Thus, according to regulations, if teachers are on duty during Tet holiday, they will receive 300% overtime pay.

Ha Cuong

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