Ms. Nguyen Thi Hue (in Ha Nam Province) would like to ask: In case of payment of salaries on public holidays, New Year holidays, vacation days, personal leave, will the employee have the sum of job liability allowance or trade union allowances to calculate Wages are those holidays?

Lawyer Tran Van Toan, Khanh Hung Law’s Office - Hanoi Bar Association answers the question Ms. Hue asked as follows:

Clause 2, Article 26 of the Government's Decree No. 05/2015 / ND-CP dated January 12, 2015, The salary used as the basis for calculating the pay for employees in the annual leave days in Article 111; increased annual leave days according to their seniority in Article 112; public holidays in Article 115 and the paid leave in clause 1 of Article 116 of the Labor Code shall be the salary in the employment contract of the preceding month, divided by the number of normal working days in months defined by employers, multiplied by the number of days employees take annual leave, increased annual leave according to seniority, public holidaysand paid leave days.

According to Clause 1, Clause 2, Article 21 of Decree No. 05/2015 / ND-CP, guided in Article 3 of Circular No. 23/2015 / TT-BLDTBXH dated June 23, 2015 of the Ministry of Labor, War Invalids and Social Affairsin respect of the employee and the Socialist, the salary stated in the labor contract is agreed upon by the employee with the employer to perform certain jobs, including:

Salary by job or title is the salary in the wage scale and payroll formulated by the employer;

Salary allowance is a compensation amount for elements of working conditions, work complexity, living conditions, level of labor attraction which has not been taken into account or is not fully calculated in the salary according to the job. or the title of the pay scale, payroll;

Other additions are amounts than salaries, salary allowances related to the performance of a job or title in a labor contract. Other additions do not include: Bonuses; Mid-shift meal; allowances when the employee has a relative died, the employee has a relative married, the employee's birthday, allowance for the workers in difficult circumstances when having a labor accident or an occupational disease industries and other allowances not related to the performance of jobs or titles in the employment contract.

Salary paid to employees is based on the salary stated in the labor contract, labor productivity, quantity and quality of work performed by the employee.

In the case of Ms. Nguyen Thi Hue, although the salary stated in the labor contract does not include job responsibility allowance and trade union allowances, Ms. Hue is still paid the same salary each month with two allowances.

Regarding trade union allowances, according to the Regulation on trade union allowances (Issued together with Decision No. 1439 / QD-TLĐ dated December 14, 2011 of the Presidium of the Vietnam General Confederation of Labor) allowances applicable to trade union officials include: Part-time allowances for the titles of Presidents, Vice Presidents of grassroots trade unions, upper-level trade unions working on a part-time basis; responsibility allowances for trade union officials (trade union officials prescribed by the Vietnam Trade Union Statute) used within the funding sources prescribed by the General Confederation.

Allowance for union officials does not count for payment and benefits of social insurance and health insurance. When leaving concurrently holding concurrently positions, trade union officials, they shall be exempt from the trade union allowance from the next month. According to the lawyer, this allowance is not related to the performance of the job or title in the employment contract, so it is not the salary stated in the labor contract; not used as a basis for calculating salaries for employees on annual leave; annual leave increases with the length of employment; public holidays, New Year holidays and private holidays with pay.

Regarding job responsibility allowances, according to the above provisions, job liability allowances are allowances related to the performance of jobs or titles in labor contracts. Job responsibility allowance is the salary stated in the labor contract.

In case the job responsibility allowance is not stated in the labor contract, but monthly she is still paid the job responsibility allowance and the monthly salary, according to the lawyer, the job-related allowance is. This monthly payment is considered as the salary stated in the labor contract, to serve as a basis for calculating salaries for employees on annual leave; annual leave increases with the length of employment; public holidays, New Year holidays and private holidays with pay.

Lawyer Tran Van Toan,

The Khanh Hung Lawyer’s Office,the Hanoi Bar Association