How Many Days Off Are There for September 2nd?
For Vietnam Independence Day 2024, employees enjoy 2 days off: September 2nd and either the day immediately before or after. Point đ, Clause 1, Article 112 of the Labor Code No. 45/2019/QH14 ensures this arrangement for a full celebration of Independence Day.
Independence Day, celebrated on September 2nd, commemorates President Hồ Chí Minh’s declaration of Vietnam’s independence from colonial rule in 1945. This day honors the country’s history and sovereignty.
Holiday Schedule for 2024
The Prime Minister has approved the Independence Day 2024 holiday schedule based on the Ministry of Labor, Invalids, and Social Affairs’ proposals:
- Public Officials and Civil Servants: 4 consecutive days off from Saturday, August 31, to Tuesday, September 3. This period includes 2 Independence Day holidays, 1 weekly rest day, and 1 compensatory day.
- Enterprise Sector Employees: Employers can grant 2 days off (September 2 and either the day before or after). If the weekly rest day coincides with the holiday, the next working day must serve as a compensatory rest day.
Notification Requirement: Employers must inform employees of the Independence Day holiday schedule at least 30 days in advance to ensure proper planning and preparation.
Overtime Pay Rates for Working on September 2nd
How Will Employees Be Paid for Working on September 2nd?
Article 112 of the Labor Code entitles employees to a day off with full pay on Independence Day. Working on this day counts as overtime work.
Under Article 98 of the Labor Code and Article 55 of Decree 145/2020/NĐ-CP, the overtime pay rates for working on holidays are as follows:
- Overtime Pay Rates:
- Normal Days: At least 150%
- Weekly Days Off: At least 200%
- Public Holidays: At least 300% (excluding the daily salary during the holiday)
- Night Work Pay: An additional 30% of the normal salary
- Overtime Night Work Pay: An additional 20% of the day work salary of a normal day, weekend, or public holiday
Overtime Pay Calculation for September 2nd
Overtime pay on September 2nd is calculated as follows:
- Overtime Pay for September 2nd:
Overtime pay for September 2nd = Actual hourly wage paid on a normal working day X Minimum rate of 300% X Number of overtime hours + The hourly wage paid on a normal working day Therefore,
Overtime pay for September 2nd >= 400% x The actual hourly wage paid on a normal working day X Number of overtime hours
- Overtime Pay for Night Work on September 2nd:
Overtime pay for night work on September 2 = Actual hourly wage paid on a regular working day X Minimum rate of 300% + Actual hourly wage paid on a regular working day X Minimum rate of 30% + 20% X Actual hourly wage paid on a regular working day X Minimum rate of 300% X Number of nighttime overtime hours + Actual hourly wage paid on a regular working day Therefore:
Overtime pay for night work on September 2 >= 490% Actual hourly wage paid on a regular working day
Employees working on September 2nd receive at least 400% of their regular daily wage. If they work overnight, their pay increases to at least 490% of their regular daily wage.
Pay for Working on Compensatory days
If employees work on the compensatory day (September 3rd), they receive a minimum of 200% of their regular daily wage. If they work overnight on September 3rd, their pay will be at least 270% of their regular daily wage.
Conclusion
Vietnam Independence Day 2024 is a significant public holiday with specific regulations on holiday schedules and overtime pay. Employers must comply with these regulations and inform employees well in advance. Proper planning and adherence to labor laws ensure smooth operations during this important national event.
