Understanding Labor Laws: Your Rights on National Day
Labor Rights on National Holidays
Employees working during the National Day celebrations on September 2nd are entitled to higher wages than regular workdays, with rates ranging up to 400% depending on the timing and nature of their work. These policies are outlined in the 2019 Labor Code and related documents, ensuring that workers’ rights are protected and respected.
Calculating Wages for National Holidays
As per regulations, employees working on National Day receive a minimum of 300% of their regular daily wage (including 100% taxable income and 200% non-taxable income). This does not include any contractual holiday pay. Therefore, the total earnings could amount to 400% of a standard workday.
For example, an individual earning 50,000 VND per hour who works an 8-hour shift on September 2nd would be entitled to 1.2 million VND (50,000 VND x 300% x 8 hours). Night shifts would further increase these earnings. In addition to the 300% wage, night workers are entitled to an additional 30% of their regular daily wage plus 20% of their regular hourly wage for the holiday. Altogether, night shift earnings could reach up to 390% of the standard rate. For an 8-hour shift, this would amount to approximately 1.56 million VND.
Night work hours are defined as between 10 PM and 6 AM, and these regulations apply to all types of jobs that require night shifts, ensuring the health, safety, and fair compensation of employees.
While some attend National Day celebrations, others continue their work.
Consequences for Non-Compliance
The law also outlines clear penalties for businesses that fail to pay or underpay overtime wages. Fines range from 5-10 million VND for violations involving 1-10 employees, 10-20 million VND for 11-50 employees, and up to 50 million VND for violations involving 301 or more employees.
Organizations face double the fines of individuals, with a maximum penalty of 100 million VND. Additionally, businesses must pay the full amount owed to employees, plus interest calculated using the highest non-term deposit interest rate announced by state-owned commercial banks at the time of the fine.
Minimum Wage Rates by Region
To ensure fair compensation, employees should be aware of the current minimum wage rates as per Decree 74/2024. These rates vary by region: Region I – 4.96 million VND/month (23,800 VND/hour), Region II – 4.41 million VND/month (21,200 VND/hour), Region III – 3.86 million VND/month (18,600 VND/hour), and Region IV – 3.45 million VND/month (16,600 VND/hour).
These rates serve as the baseline for wage negotiations and are particularly important for unskilled and young workers.
Ho Chi Minh City, following its geographical expansion, now has three distinct regions with different applicable minimum wage rates.
Understanding labor laws and wage regulations, especially during National Day celebrations, empowers employees to protect their rights and encourages businesses to uphold legal standards, fostering harmonious and stable labor relations.
A Force Unstoppable: Our March Towards Peace, Prosperity, and Eternal Progress
Over the past 80 years, a journey filled with hardships but also glorious triumphs, we have affirmed a truth: Guided by the glorious flag of the Party and the illuminating light of Ho Chi Minh, and relying on the strength of the people and the great unity of the entire nation, there is no difficulty or challenge that we cannot overcome, and no noble goal that our nation cannot achieve. Thus, there is no force or reason that can stop us from reaching peace and prosperity, and our nation’s eternal development and prosperity.
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