In August 2015, The Ministry of Labor, War Invalids and Social Affairs has promulgated 03 Official Letters to provide guidelines for implementing instruction on calculating monthly salary, annual leave and holiday wages for employees working in shift. Specifically as follows:
1. Monthly salary calculation
Under Article 22 of Decree 05/2015 / NĐ-CP providing guidelines for the implementation of some contents of the Labor Code and Article 4 of Circular 23/2015 / TT-BLĐTBXH guiding a number of Articles on wages of Decree 05/2015 / NĐ-CP:
Time-based wage for employees is calculated by the actual working time of employees by month, week, day, and hour.
Monthly salary is determined on the basis of labor contracts;
Daily wage is equal to monthly salary divided into actual number of working days in the month in accordance with labor law, and chosen by the employer.
The number of normal working days in a month is decided by employers but must follow the regulations on working time, rest time stipulated by the Labour Code.
The above content is mentioned in Official Letter 3230 / 12.08.2015 LĐTBXH-LĐTL dated August, 12, 2015.
2. Annual holiday wage calculation
If the company has planned annual holiday (which has been consulted with the Union and has been notified to employees) and now requests employees to work on such holidays, the employees will be paid at least 300% of current wage rate, excluding wage for paid leave to employees working on daily wage basis.
If the employees have not take the annual leave or still have annual leave left at the end of the applicable year or at the time of resignation or termination, they will get paid for the pending annual leave as regulated at Point 4 of Article 26 of the Decree 05/2015 / NĐ-CP.
The above content is mentioned in Official Letter 3234 / LĐTBXH-LĐTL dated August, 13, 2015.
3. Holiday wage for employees working in shift
Under provisions in Article 105 of the Labour Code, night-shift working hours last from 10.00 p.m. to 6.00 a.m. of the following day.
Article 115 of the Labor Code states that employees get full paid for public holidays.
Based on the above regulations, in case employees work in shift from 10.00 p.m. of previous day to 6.00 a.m. of the following day which falls on holiday, the employees will get paid for working overtime on public holidays for the period from 0.00 a.m. to 6.00 a.m. of public holiday specified in Article 97 of the Labor Code.
The above content is mentioned in Official Letter 3210 / LĐTBXH-LĐTL dated August, 12, 2015.