How is Overtime Pay on New Year's Day Calculated?

Nguyen Duong Nguyen from the email address Nguyennd***@gmail.com sent a support request to TKL with the following content: "I plan to work overtime at the Company on New Year's Day (which is Sunday, January 1, 2017). As far as I know, the overtime pay on holidays is 300%, and overtime pay on weekly days off is 200%, and this year's New Year's Day falls on a Sunday, which is a weekly day off. Therefore, if I work overtime that day, I will receive 600% pay, right? I hope Thu Ky Luat can clarify this for me. Thank you very much!"

The support department from Thu Ky Luat replied:Thank you for trusting and sending your support request to TKL. Thu Ky Luat provides the following assistance:

In the case of working overtime on holidays that coincides with the weekly day off, you will receive at least 300% not including the holiday pay for the day off for those who are paid by day.

According to the guidelines in Clause 5, Article 25 of Decree 05/2015/ND-CP which guides the implementation of Labor Code 2012, "Employees working overtime on holidays that coincide with the weekly day off as specified in Article 110 of the Labor Code are paid overtime wages for holidays. Employees working overtime on compensatory days off when holidays coincide with the weekly days off as specified in Clause 3, Article 115 of the Labor Code are paid overtime wages for weekly days off."

Thus, in the case of working overtime on New Year's Day which coincides with the weekly day off, overtime pay will be calculated according to holiday rates. You are entitled to a compensatory day off on Monday (January 2, 2017), and if you work that day, you will receive 200% overtime pay calculated as per weekly days off.

Thank you and best regards!

Article 97. Overtime, night work wages

1. Employees who work overtime are paid based on the wage unit price or their current wage as follows:

a) On regular days, at least 150%;

b) On weekly days off, at least 200%;

c) On holidays, paid days off, at least 300% not including the holiday pay for the day off for those who are paid by day.

2. Employees who work at night are paid at least an additional 30% of the wage unit price or their current wage for a regular working day.

3. Employees who work overtime at night, in addition to the wages prescribed in Clause 1 and Clause 2 of this Article, are paid an additional 20% of the wage unit price or their current wage for daytime work.

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