Ms. Nguyen Thi Duong (name changed, worker in Bac Giang province) just changed jobs 2 months ago.
Previously, she had a very stable job at the company, often working overtime. "However, a few months ago, due to lack of work, the company only organized work from Monday to Friday, no overtime," said Ms. Duong.
Her income has also dropped sharply, from 11-12 million VND/month before, to only 5-6 million VND/month now. This small amount of money is not enough for her to cover her living expenses. In addition to paying for her rent, she also has to send money back home to support her children's education.
After enduring for a few months, unable to endure any longer, Ms. Duong had to quit her job and find a new place to work. From a direct production worker, Ms. Duong worked in the quality control department. The new company had a lot of work, paid higher than the production department, and often worked overtime, so her income was about 14-15 million VND/month. This income was enough for her to cover her living expenses and save some.
The female worker does not regret changing jobs. Because, according to her, if she stayed, with that salary, she could not ensure her life. "If I continued to do the old job, I might get a Tet bonus, but it would probably only be 4-5 million VND," she said. Meanwhile, when she changed jobs, although she did not get a Tet bonus, she had a stable income.
"The new workplace only gives a 13th month salary as a bonus for those who have worked for over a year, while I have only been working for a few months. Even though I know that moving will mean losing my bonus, I can't do it anymore because I have to earn money to raise my children," Ms. Duong shared.
It is known that Tet bonus and 13th month salary are not mandatory regulations for employers.
However, if the parties have agreed on the content of Tet bonus and 13th month salary in legally valid documents such as labor contracts or recorded in collective labor agreements or separate regulations of the enterprise, the employer is required to pay these amounts.
Therefore, to consider whether employees who quit before Tet are entitled to 13th month salary and Tet bonus or not, it is necessary to base on the conditions, level of benefit and time of benefit agreed upon by the parties.
If the above documents stipulate that the 13th month salary and Tet bonus will be received before the employee's intended leave date or if there is an agreement that the employee who terminates the labor contract before Tet will still receive part or all of the 13th month salary and Tet bonus, the employee will receive this amount.
Thus, whether or not employees who quit before Tet receive 13th month salary and Tet bonus depends entirely on the agreement between the parties.