Lawyer Tran Phi Dai, Ho Chi Minh City Bar Association, said that Point d, Clause 1, Article 112 of the Labor Code stipulates that employees are entitled to a full-time holiday on National Day for 2 days (September 2nd of the Gregorian calendar and 1 consecutive day before or after).
Clause 3, Article 111 of the 2019 Labor Code stipulates: If the weekly holiday coincides with the holiday and Tet holiday specified in Clause 1, Article 112 of this Code, the employee is entitled to compensatory weekly holiday on the next working day.
Clause 2, Article 111 of the 2019 Labor Code stipulates: Employers have the right to decide to arrange weekly holidays on Sundays or other specified days of the week but must record them in the internal labor regulations.
Clause 1, Article 105 of the 2019 Labor Code stipulates: Normal working hours are no more than 8 hours a day and no more than 48 hours a week.
Thus, it can be seen that this year's National Day holiday, the number of consecutive days of leave for employees depends on the weekly holiday and the number of weekly holidays of the enterprise.
Suppose, if a business chooses a 1-week regime with 1 day off (working 48 hours) and the weekly holiday is Sunday (this year is August 30) and the National Day holiday is September 1, 2, then employees will have 2 consecutive days off, September 1, 2 (because Monday is August 31 and they still go to work normally). If a business chooses the National Day holiday as September 2, 3, then employees still have to go to work on August 31 and September 1 normally and receive normal salaries on these days.
According to current regulations, if a business wants employees to go to work during National Day, it must agree with employees and be agreed upon by employees.
In case of implementing mobilization orders, mobilizing to ensure national defense and security tasks according to the provisions of law, or performing tasks to protect human life and property of agencies, organizations, and individuals in preventing and overcoming the consequences of natural disasters, fires, dangerous epidemics and disasters, unless there is a risk of affecting the life and health of employees according to the provisions of law on occupational safety and health, employees have no right to refuse.
According to Point c, Clause 1, Article 98 of the Labor Code, if employees go to work during the National Day holiday of September 2nd, they will receive a salary of at least 300%, excluding the salary for holidays, Tet, and paid days off for employees receiving daily wages.
