Lisa V Lisa V posted February 7th, 2013 at 12:20 pm to Etiquette. Viewed 352 times. Answered 6 times.

Hi,

I am not Vietnamese, and have been asked to work over Tet by my Vietnamese employer.

Does anyone have experience working during Tet as a non-Vietnamese person?

Should I be getting overtime?

I worked over Christmas and any other UK holidays and didn't expect special treatment because they are UK national holidays.

So should I expect the same as a local in Hanoi? If they amazingly agreed to work the holiday would they get overtime?

I see wads of cash being dished out around the office, but I am not expecting a 13th month bonus as the bold 'no bonus' in my contract keeps reminding me.

But what about overtime, or is this greedy seeing as I get paid more than locals anyway?

If anyone was here last year, it would be great to hear what your experiences were. I want to get some info before asking my boss, just in case I give her even more reason to think I am a rich westerner who wants even more!

Cheers

Last answered by custard about 82 months ago.

Answers (jump to newest answer)

xau_xi wrote on February 7th, 2013 at 12:49 pm
xau_xi (elite user)

Double salary for holidays if you are on a standard labour contract. See Article 61.
http://moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=2823

Lisa V wrote on February 7th, 2013 at 1:19 pm
Lisa V

Standard labour contract, umm, I have a three-month rolling contract to forgo a work permit. It looks legit, but has to be renewed every three months. I work for a state-owned company so I assume it goes through the proper channels.

natinnam wrote on February 7th, 2013 at 1:26 pm
natinnam (elite user)

Do you not have a contract?

I have only work for western firms, and they state in the contract, that i receive local holidays. It has stated in a few that if i worked, i'd get the day off at some other point, no extra wedge.

Our VN staff who work for VN company confirm, that if they worked, they would get double salary. However for some this is too difficult for payroll, so they are given 2 days for the 1 worked.

Personally, i'd prefer to "work" Tet, and get days off later to suit my holiday requirement. This year though, been told to take 10 days off, at the cost of only a days holiday to me.

Newman wrote on February 7th, 2013 at 5:59 pm
Newman (elite user)

Be aware that as of 1 May 2013 that three month rolling contract becomes legally invalid. No more three month shonky contracts to avoid work permits.

Vegas wrote on February 7th, 2013 at 9:04 pm
Vegas (elite user)

I thought that they can only offer you 2 (or three?) contracts before they must make your position permanent? Theoretically, the labour laws in Vietnam are actually extremely favourable to the employee - it's just about impossible to sack someone legally. In practice, plenty of dismissals and so on happen illegally, with many employers taking advantage of the fact that the vast majority of their employees are not aware of their legal rights and/or how to pursue them. Furthermore, taking your employer to court to uphold your legal rights is likely to be a long-winded, frustrating and expensive procedure. And even if you do win, don't expect any huge payouts.

Personally, I'm one of those people who doesn't give a monkey's about my legal rights - if I'm happy with the deal I've made with my employer, I'll go along with it, regardless of whether the law says I am not getting all the benefits I may be entitled to. So if you have a good deal with your employer and Tet doesn't mean all that much to you so you're happy to work through it, I'd just do it, the law be damned. Of course, if there's a period in the working year that is important to you for whatever reason and you'd like some time off, it might be useful to remind your boss of the time when you worked through Tet, and now you expect a bit of quid pro quo.

custard wrote on February 8th, 2013 at 3:48 pm
custard

How many days do they ask you to work? I know lots of companies (yes, state- owned ones) required staff to work there for at least a day during the new year (taking shift). If they just ask you to be there 1 day, as a local, i think it is reasonable. If it is more than that, then..hm... the professionals here will advise.

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