Latest regulations on weekly days off for employees in 2023

Pursuant to Article 111 of the 2019 Labor Code, each week, employees are entitled to at least 24 consecutive hours off.

May công nghiệp hấp dẫn người lao động tại Nhật

Employers have the right to decide to arrange weekly days off on Sunday or another specified day of the week, but must record this in the labor regulations. (Source: Finance Magazine)

Regulations on the number of weekly days off for employees

Pursuant to Article 111 of the 2019 Labor Code, each week, employees are entitled to at least 24 consecutive hours of rest. In special cases where weekly rest is not possible due to the work cycle, the employer is responsible for ensuring that employees have an average of at least 4 days off per month.

The employer has the right to decide to arrange the weekly day off on Sunday or another specified day of the week, but must record it in the labor regulations.

Note: If the weekly day off coincides with the following holidays, employees will be given a compensatory day off on the next working day:

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

- Lunar New Year: 5 days;

- Victory Day: 1 day (April 30);

- International Labor Day: 1 day (May 1st);

- National Day: 2 days (September 2nd and 1 day before or after);

- Hung King's Commemoration Day: 1 day (10th day of the 3rd lunar month).

- 1 traditional New Year's Day and 1 National Day for foreign workers working in Vietnam.

Regulations on wages for working on weekly days off

Pursuant to Article 98 of the 2019 Labor Code and related guiding regulations, employees who work on weekly days off will be considered to work overtime and will be paid overtime wages according to regulations, specifically as follows:

(1) Calculating overtime pay during the day:

- For employees who receive wages based on time, overtime pay is paid when working outside of normal working hours as prescribed by the employer according to Article 105 of the 2019 Labor Code and is calculated according to the following formula:

Overtime pay = (Actual hourly wage for work performed on a normal working day) x (At least 200%) x (Number of overtime hours)

- For employees paid by product, overtime pay is paid when working outside of normal working hours to produce additional quantity or volume of products beyond the quantity or volume of products according to the labor norms agreed with the employer and calculated according to the following formula:

Overtime wages = (Unit price of product wages of normal working day) x (At least 150% or 200% or 300%) x (Number of overtime products)

(2) Calculating overtime pay at night:

- For employees paid by time, overtime pay at night is calculated as follows:

Overtime wages at night = [(Actual hourly wages of the work being done on a normal working day) x (At least 200%) + (Actual hourly wages of the work being done on a normal working day) x At least 30% + (20%) x (Hourly wages during the day of a normal working day or of a weekly day off or of a public holiday, New Year's Day, or paid leave)] x Number of overtime hours at night

- For employees paid by product, overtime pay at night is calculated as follows:

Overtime wages at night = [(Unit price of product wages of a normal working day) x (At least 200%) + (Unit price of product wages of a normal working day) x At least 30% + (20%) x (Unit price of product wages during the day of a normal working day or of a weekly day off or of a holiday, New Year's Day, or paid day off)] x Number of products worked overtime at night.

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