What date is Mid-Autumn Festival 2023? Do workers get a day off?

Mid-Autumn Festival 2023 falls on September 29, 2023 (Solar calendar). According to the provisions of the 2019 Labor Code, Mid-Autumn Festival is not a public holiday in the year, and businesses are not required to give employees this day off.

Tết Trung thu năm 2023 vào ngày mấy? Người lao động có được nghỉ làm?

What date is Mid-Autumn Festival 2023 in the solar and lunar calendar?

Mid-Autumn Festival 2023 falls on September 29, 2023 (Solar calendar) and August 15, 2023 (Lunar calendar).

Will workers get a day off for Mid-Autumn Festival 2023?

According to Clause 1, Article 112 of the 2019 Labor Code, employees are entitled to take time off work and receive full pay on the following holidays and Tet:

- 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).

Thus, from the above regulations, Mid-Autumn Festival 2023 is not a day on which employees are entitled to take a day off with full pay.

However, if employees want to take time off on the Mid-Autumn Festival in 2023, they can negotiate with their employers on annual leave according to Article 112 of the 2019 Labor Code or take unpaid leave according to Clause 3, Article 115 of the 2019 Labor Code.

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 directly threatening life or health during the performance of 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, vocationaleducation , social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

Regulations on annual leave for employees

According to Article 113 of the 2019 Labor Code, regulations on annual leave for employees are as follows:

- Employees who have worked for 12 months for an employer are entitled to annual leave with full pay according to the labor contract as follows:

+ 12 working days for employees working under normal conditions;

+ 14 working days for underage workers, disabled workers, workers in arduous, toxic, or dangerous jobs;

+ 16 working days for people doing especially arduous, toxic, or dangerous jobs.

- Employees who have worked less than 12 months for an employer shall receive the number of annual leave days in proportion to the number of months worked.

- In case of resignation or job loss without taking annual leave or not taking all annual leave days, the employer shall pay salary for the days not taken.

- The employer is responsible for regulating the annual leave schedule after consulting with the employee and must notify the employee in advance. The employee can negotiate with the employer to take annual leave in multiple times or combine leave for a maximum of 3 years at a time.

- When taking annual leave before the salary payment date, employees are entitled to an advance salary according to the provisions of Clause 3, Article 101 of the 2019 Labor Code.

- When taking annual leave, if the employee travels by road, rail or waterway and the number of days for round trip travel is more than 02 days, from the 03rd day onwards, the travel time will be calculated in addition to the annual leave and will only be counted for 01 leave per year.

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