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Weekly holidays do not require to be Saturday and Sunday

Mon, 03 Dec 2018 20:25:04 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Mr. Truong Quoc Lam (in Hanoi) works in a public non-business unit, whose job is to work on Saturdays and Sundays. Mr. Lam would like to ask, It it able for his unit to agree with officials and employees on the payroll to choose holidays during the week and go to work on Saturday and Sunday (do not pay overtime)?

Mr. Lam also would like to know, for workers under short-term contracts, does the unit have an agreement to work on both Saturday and Sunday (normal pay)?

Mr. Lam also would like to know, for short-term contract workers, does the unit agree to work on both Saturday and Sunday (normal pay)?

Lawyer Tran Van Toan, the Khanh Hung Lawyer's Office - Hanoi Bar Association responds to Mr. Lam's question as follows:

Article 110 of the Labor Code provides that workers shall be entitled to a rest period of at least 24 consecutive hours per week. In special cases where the labor cycle can not be held weekly, the employer shall have to ensure that the employee is entitled to a one-month minimum leave for at least 4 days.

Employers have the right to decide on a weekly holiday on a Sunday or another fixed date of the week, but it must be recorded in the labor regulations.

Regarding Mr. Truong Quoc Lam's question, the above-mentioned regulations apply to public non-business units having specific jobs having to work on Saturdays or Sundays. The head of a public non-business unit shall have a right to arrange Holiday on an other fixed day than that of a Saturday or Sunday, but must record it in the labor regulations  unit.

Regarding Mr. Truong Quoc Lam's question, the above-mentioned regulations apply to public non-business units that have specific jobs having to work on Saturdays or Sundays. The right to decide on a weekly holiday on an  other fixed days than that of a week is not a Saturday or Sunday, but must be recorded in the labor regulations and the working regulations of the unit.

In this case, public servants and employees working in agencies and units go to work on Saturdays or Sundays, they shall not be entitled to extra working hours on weekends because weekly days are arranged on the other fixed days in the week. However, if they are commited to work on other fixed weekends during the week, they shall be entitled to extra wages on weekends as stipulated in Point b, Item 1, Article 97 of the Labor Code.

For employees in State agencies and public non-business units under the labor contract regime, including labor contracts with indefinite-term labor contracts; definite term labor contract; labor contracts for seasonal jobs or for certain jobs with a term of less than 12 months shall be entitled to weekly leave, annual leave, public holidays and Tet holidays as defined in Labor Code.

Pursuant to Clause 1, Article 104 of the Labor Code, the normal working time shall not exceed 8 hours in a day and 48 hours in a week. Therefore, the unit can agree with the employee in the labor contract, the number of days of weekly holiday of employees is at least 1 day / week and 4 days / month. The entity has the right to decide on the employee's weekly holiday on a Sunday or a fixed dat

 The Khanh Hung Lawyer's Office - Hanoi Bar Association 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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