Will employees get a day off on Christmas Day (December 24, 2023)?

I have a weekly day off on Thursday, but Christmas Day on December 24, 2023 falls on Sunday. Will I get a day off? - Reader Minh Hien (HCMC)

1. Will employees get a day off on Christmas Day (December 24, 2023)?

According to Article 112 of the 2019 Labor Code, regulations on holidays and Tet holidays for employees are as follows:

- Employees are entitled to take time off with full pay on the following holidays:

+ New Year's Day: 01 day (January 1st);

+ Lunar New Year: 05 days;

+ Victory Day: 01 day (April 30th);

+ International Labor Day: 01 day (May 1st);

+ National Day: 02 days (September 2 and 01 day before or after);

+ Hung King's Commemoration Day: 01 day (10th day of the 3rd lunar month).

- Foreign employees working in Vietnam, in addition to the holidays prescribed in Clause 1, Article 112 of the 2019 Labor Code, are also entitled to 01 traditional New Year's Day and 01 National Day of their country.

- Every year, based on actual conditions, the Prime Minister decides specifically on the holidays prescribed in Point b and Point d, Clause 1, Article 112 of the 2019 Labor Code.

Thus , according to the above regulations, Christmas is not included in the list of holidays and Tet holidays for which employees are entitled to take a day off with full pay.

However, December 24, 2023 falls on a Sunday, so employees whose weekly day off includes Sunday will have the same day off as their weekly day off.

As for employees whose weekly day off is not Sunday, they can negotiate annual leave according to Article 113 of the 2019 Labor Code (also known as annual leave) or unpaid leave according to Article 115 of the 2019 Labor Code with the employer to have Christmas off.

2. Rights and obligations of employees

The rights and obligations of employees according to Article 5 of the 2019 Labor Code are as follows:

* Employees have the following rights:

- Work; freely choose work, workplace, occupation, vocational training, improve professional qualifications; not be discriminated against, forced labor, or sexually harassed at work;

- Receive salary appropriate to qualifications and professional skills based on agreement with employer; receive labor protection, work in conditions ensuring labor safety and hygiene; take leave according to regime, take annual leave with pay and enjoy collective benefits;

- Establish, join and operate in organizations representing employees, professional organizations and other organizations in accordance with the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with employers and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the employer's regulations;

- Refuse to work if there is a clear risk that directly threatens life or health during the performance of the work;

- Unilateral termination of employment contract;

- Strike;

- Other rights as prescribed by law.

* Employees have the following obligations:

- Implement labor contracts, collective labor agreements and other legal agreements;

- Comply with labor discipline and labor regulations; comply with the management, operation and supervision of the employer;

- Implement the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

3. Rights and obligations of employers

The rights and obligations of employers according to Article 6 of the 2019 Labor Code are as follows:

- Employers have the following rights:

+ Recruitment, arrangement, management, operation, and supervision of labor; rewards and handling of labor discipline violations;

+ Establish, join and operate in organizations representing employers, professional organizations and other organizations according to the provisions of law;

+ Requesting the organization representing employees to negotiate with the aim of signing collective labor agreements; participating in resolving labor disputes and strikes; dialogue and exchange with the organization representing employees on issues in labor relations, improving the material and spiritual life of employees;

+ Temporary closure of workplace;

+ Other rights as prescribed by law.

- Employers have the following obligations:

+ Implement labor contracts, collective labor agreements and other legal agreements; respect the honor and dignity of employees;

+ Establish mechanisms and conduct dialogue and exchanges with employees and employee representative organizations; implement grassroots democracy regulations at the workplace;

+ Training, retraining, and improving qualifications and vocational skills to maintain and change careers and jobs for workers;

+ Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace;

+ Participate in developing national vocational skills standards, assessing and recognizing vocational skills for workers.

Source: https://baoquocte.vn/ngay-le-giang-sinh-ngay-24122023-thi-nguoi-lao-dong-co-duoc-nghi-lam-khong-253927.html