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Under Article 98 of the Labour Code, overtime pay is calculated based on the wage rate or the actual wages paid for the job performed, with minimum levels set as follows: overtime on ordinary days is at least 150%; overtime on weekly rest days is at least 200%; and working on holidays, Tet, or paid days off is at least 300%, excluding the worker’s day’s wage for those paid for the day.
Night work is paid at least 30% more than the regular daily wage. If overtime occurs at night, workers are also entitled to an additional 20% based on the daytime rate.
Based on these rules, working during the day on Hung Kings Day yields at least 400% of wages (300% for holiday work plus 100% for the day’s wage). If the work is done at night, the minimum total income could reach up to 490% of wages.
This framework is intended to protect workers’ rights when working on holidays under the law.
Under Clause 1 and Clause 2 of Article 107 of the 2019 Labour Code, overtime is the period when a worker works outside normal hours according to agreement or labour regulations.
The law allows employers to mobilize overtime only if the following conditions are met: the worker’s consent is obtained; the number of overtime hours does not exceed 50% of normal daily working hours (or no more than 12 hours per day if calculated weekly); overtime does not exceed 40 hours per month; and it does not exceed 200 hours per year, except in certain special cases.
As working on a holiday such as Hung Kings Day is considered overtime, it must have the worker’s consent. Therefore, workers have the right to refuse if they do not agree, except in special cases under Article 108 of the 2019 Labour Code.
According to Clause 2, Article 18 of Decree 12/2022/ND-CP, employers that violate holiday time-off regulations face fines of 10 to 20 million VND for individuals.
In addition, Clause 1, Article 6 of the same Decree provides that penalties for organizations are twice those for individuals. As a result, if a company forces workers to work on Hung Kings Day in violation of the rules, it can be fined from 20 to 40 million VND.
These provisions are designed to ensure workers’ right to holidays and to prevent employer abuse.
By Thuy Linh, VTV (Source: VTV link).
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