This is an issue that many employees (employees) are concerned about and wonder about in recent times. To partly help employees know to ensure their own legitimate interests, OOS Share some of the following:
– Pursuant to Point dd, Clause 1, Article 115 of the 2012 Labor Code, employees are entitled to rest and full salary (100% salary) on September 2, 2018.
– Pursuant to Point c, Clause 1, Article 97 of the Labor Code 2012, if an employee goes to work overtime on September 2, 2018, the salary must be at least equal to 300% of the salary of the normal working day (not including the salary of the employee). holidays, paid leave for employees receiving daily salary). Thus, the total salary to be enjoyed is 400% of normal day's salary.
– Pursuant to Clause 2, Clause 3, Article 97 of the Labor Code 2012, if an employee works overtime at night on September 2, 2018, he/she will be entitled to an additional 90% salary of the normal day. Thus, the total salary to be enjoyed is 490% of normal day's salary.
Note: This salary of 490% is calculated in the case that the overtime at night is equal to the working time of a normal working day (if the overtime at night is less than or greater than the working time of an employee). On a normal day, the additional salary will be calculated according to the proportion of overtime worked at night).
Bonus
Pursuant to Clause 1, Article 103 of the 2012 Labor Code, the bonus on National Day September 2, 2018 is decided by the employer based on the annual production and business results and the job completion level of the employee. EMPLOYEES. Thus, the bonus on National Day September 2, 2018 is not mandatory but depends on the actual situation of each business.
Excerpt from Law Library
