The Ministry of Home Affairs has just issued Notice No. 9441/TB-BNV on the National Day holiday schedule for 2026 for administrative agencies, public service units, political organizations, socio-political organizations, businesses and employers.
Accordingly, cadres, civil servants, and public employees are entitled to 2 days off according to the provisions of the Labor Code, including September 2nd and the immediately preceding day, September 1st.
To create continuous holidays, the Ministry of Home Affairs is implementing the exchange of working days from Monday (August 31) to Saturday (August 22). Thus, along with the weekend holiday, the 2026 National Day holiday schedule for officials, civil servants, and public employees will last 5 consecutive days, from August 29 to the end of September 2.
For employees working at enterprises, employers arrange a day off on September 2nd and choose one of two more days, September 1st or September 3rd, according to the provisions of the Labor Code. The leave plan must be notified to employees at least 30 days before implementation.
In fact, there are businesses that, for various objective reasons, still have to arrange work schedules for employees on the above holidays. So, if employees go to work on the September 2 holidays, how will they receive salary?
According to the provisions of Article 112 of the 2019 Labor Code, employees are entitled to leave work and receive full salary for 2 days of National Day (September 2nd of the solar calendar and 1 consecutive day before or after September 1st or September 3rd).
Article 98 of the 2019 Labor Code stipulates that overtime workers are paid according to the unit price of salary or actual salary paid according to the work they are doing as follows: On holidays, Tet holidays, paid holidays, at least equal to 300% excluding the salary on holidays, Tet holidays, paid holidays for employees receiving daily wages.
Thus, if employees go to work on two days, September 1st and September 2nd or September 2nd and September 3rd, they will receive a salary of at least 300% excluding the salary on holidays, Tet, and paid days off for employees receiving daily wages.
In addition, the Labor Code also stipulates that employers are allowed to use employees to work overtime when they fully meet the following requirements: Must have the employee's consent; Ensure that the number of overtime hours of employees does not exceed 50% of the normal working hours in 1 day; in case the regulation on normal working hours per week is applied, the total number of normal working hours and overtime hours does not exceed 12 hours in 1 day; not exceeding 40 hours in 1 month; Ensure that the number of overtime hours of employees does not exceed 200 hours in 1 year, except in cases where overtime is not exceeding 300 hours (Clause 3, Article 107 of the 2019 Labor Code).
Article 108 of the 2019 Labor Code, employers have the right to request employees to work overtime on any day without being limited by the number of overtime hours as prescribed in Article 107 of this Code and employees are not allowed to refuse in the following cases:
Implement mobilization and mobilization orders to ensure national defense and security tasks in accordance with the law;
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, except in cases that may affect the life and health of workers in accordance with the law on occupational safety and health.
