Lawyer Nguyen Thi Thu Phuong, YouMe Law Firm replied:

Point b, Clause 1, Article 112 of the Labor Code 2019 provides for public holidays and New Year holidays as follows:

1. Employees are entitled to rest and receive full salary on the following holidays and New Year's Eve:

b) Lunar New Year: 05 days;

Clause 2, Article 107 of the Labor Code 2019 regulates overtime as follows:

2. Employers may use employees to work overtime when fully meeting the following requirements:

a) The employee's consent is required;

b) Ensure that the employee's overtime hours do not exceed 50% of the normal working hours in a day; in the case of applying the regulation on normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day; no more than 40 hours in 01 month;

c) Ensure that the number of overtime hours of employees does not exceed 200 hours in 01 year, except for the case specified in Clause 3 of this Article.

Point b, Clause 3, Article 17, Chapter II of Decree 28/2020/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under contracts (hereinafter referred to as Decree 28/2020/ND-CP) stipulating violations of regulations on working time and rest time as follows:

3. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on the employer who commits one of the following acts:

b) Mobilizing employees to work overtime without the employees' consent, except for the case specified in Article 107 of the Labor Code.

Clause 1, Article 5 of Decree No. 28/2020/ND-CP stipulates the fine levels as follows:

1. The fine level prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree is the fine level imposed on individuals, except for the cases specified in Clauses 1 and 2, Article 6. ; Clauses 3, 4, 6 Article 12; Clause 2 Article 24; Clause 1, Article 25; Clauses 1, 5, 6, 7 Article 26; Clause 5 Article 40; Clauses 1, 2, 3, 4, 5 Article 41; Clauses 2 and 4 Article 42; Clauses 1 and 2 Article 43; Clauses 1, 2, 3 Article 44; Clauses 1, 2, 3, 4, Article 45 of this Decree. The fine level for organizations is equal to 02 times the fine level for individuals.

Thus, the act of mobilizing employees to work on New Year's holidays without the employees' consent may be administratively sanctioned according to the above provisions.