Overtime payment on a public holiday is at least 300% of actual hourly wage

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Overtime payment on a public holiday is at least 300% of actual hourly wage

This is the content prescribed at the Circular No. 23/2015/TT-BLDTBXH dated June 23, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding a number of articles on wages of the Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents.

In accordance with this Circular’s regulations, the overtime payment on a normal working day is at least 150% of actual hourly wage on a normal working day; the overtime payment on a weekly day off is at least 200% of actual hourly wage on a normal working day and the overtime payment on a public holiday or paid day off (exclusive of wages of public holidays and paid days off prescribed by the Labor Code) is at least 300% of actual hourly wage on a normal working day. This rate is applied to employees receiving daily wages.

With regard to piece workers who receive overtime payment when the employees and the employer reach an agreement on overtime work in additional to normal working hours; the overtime payment for products done on a normal working day is at least 150% of piece rate on a normal working day; the overtime payment for products done on a weekly day off is at least 200% of piece rate on a normal working day and the overtime payment for products done on public holiday or paid day off is at least 300% of piece rate on a normal working day. And employees working at night shall be paid at least 30% of number of night work hours.

Depending on the characteristics of work and business conditions, employers shall decide on the method of wage payment that ensure wage matches the work performance, encourage employees to improve work efficiency and performance. The selection or change of wage payment method must be written in employment contracts and collective bargaining agreement.

This Circular takes effect on August 08, 2015.