LEGAL REGULATIONS ON SALARY

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Salary is the amount of money the employer pays to the employee to perform the work as agreed. Salary includes salary based on job or title, salary allowance and other additional payments. This article will share to readers the current legal provisions related to salary, in particular:
Regarding the minimum wage:
The minimum wage is the lowest paid to the employee doing the simplest work, in normal working conditions and must ensure the minimum living needs of workers and their families.
The minimum wage is determined by month, day, hour and is set by region and industry.
Accordingly, the employer’s salary must be higher than or equal to the regional minimum wage and industry minimum wage.
In 2020, the regional minimum wage is prescribed as follows:
VND 4,420,000 / month, applicable to enterprises operating in the area of ​​Region I.
VND 3,920,000 / month, applicable to enterprises operating in the area of ​​Region II.
VND 3,430,000 / month, applicable to enterprises operating in the area of ​​Region III.
VND 3,070,000 / month, applicable to enterprises operating in the area of ​​Region IV.
Regarding overtime pay, night work:
The employee is paid an overtime wage as follows:
Employees who are paid on a regular basis are paid for overtime when working outside normal working hours prescribed by the employer;
Workers who are paid according to products are paid overtime working when working outside normal working hours to work more, the product quantity, work outside the quantity, product volume, work as prescribed. labor level as agreed with the employer.
Overtime pay is calculated according to the salary unit price or the actual wage paid for the current job:
On weekdays, at least equal to 150%;
On weekends, at least equal to 200%;
On public holidays, New Year holidays, days off with salary, at least equal to 300%, excluding salaries on public holidays, Tet days, days off with salary as prescribed by the Labor Code for employees receiving daily salary .
An employee who works at night is paid an extra amount equal to at least 30% of the salary calculated according to the salary unit price or the salary actually paid according to the work of the normal working day.
An employee who works overtime at night is not only paid for overtime work and night work, he is also entitled to an additional 20% of the salary calculated according to the salary unit price or the actual wage paid for the job. during the daytime on normal working days or on weekends or public holidays.
Workers who work overtime on holidays and Tet holidays on weekends are paid overtime on holidays. Workers who work overtime on compensatory holidays when holidays coincide with weekends are paid overtime work on weekends.
Regarding job discontinuation salary:
If the employer is at fault, the employee shall be paid in full;
If it is the employee’s fault, he or she is not paid; other laborers in the same unit who have to stop working shall be paid wages at the rates agreed by the two parties but not lower than the regional minimum wage set by the Government;
If it is due to the incident of electricity and water that is not the fault of the employer or the employee or for other objective reasons such as natural disaster, fire, dangerous epidemic, enemy sabotage, relocation If the wage is suspended at the request of a competent state agency or due to economic reasons, the severance wage shall be agreed upon by the two parties but must not be lower than the regional minimum wage set by the Government.
Currently there is a pandemic COVID-19. If the employee leaves due to disease, he / she is still paid to stop working. The wage for job termination shall be agreed upon by the two parties but must not be lower than the regional minimum wage set by the Government.

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