在劳动关系中,员工的福利始终是一个值得关注的问题。 这也是员工在组织工作之前要仔细考虑的问题之一。 那么,2019年劳动法实施后(2021年1月1日),员工的工资、奖金、年假等问题将如何处理?
薪水
约定的工资包括按职务或职称计算的工资、工资津贴和其他补助。 按职务或职称划分的工资不得低于最低工资。 最低工资按地区、按月和按小时确定。 根据越南2019年劳动法,如果雇员不能来领取工资,雇主可以将工资支付给雇员合法授权的人。 此外,用人单位不得限制或干涉劳动者自主决定工资支出的权利; 不得强迫员工将工资用于购买用人单位或用人单位指定的其他单位的商品或服务。
员工工资以越南盾支付,特别是外籍员工,可以是外币。 每次支付工资时,用人单位必须通知雇员的工资单,明确说明工资、加班工资、夜班工资、扣除的内容和数额(如有)。 工资以现金或通过员工的银行账户支付,开户和工资转账的相关费用由雇主承担。
关于工资支付期限,领取时薪、日薪和周薪的员工,应在工作时间、日薪和周薪之后支付,或按照双方约定一次性支付,但必须一次性支付不超过 15 天。领取月薪的员工每月或每半月支付一次。员工按产品或按合同领取工资,按双方协议支付;如果工作必须完成数月,则按当月完成的工作量预支月薪。在特殊情况下,可以延迟支付工资,但不得超过 30 天。拖欠工资15天或以上的,用人单位必须向劳动者补偿至少相当于按所在银行发行的1个月期存款利率计算的拖欠金额的利息。银行是用人单位开户的,发放工资时公布职工工资支付情况。
加班工资,夜间工作,加班员工按工资单价或按所从事工作实际支付的工资支付如下:
-在工作日,至少等于 150%;
-每周休息日,至少等于 200%;
-公共假期、元旦、带薪休假,至少等于 300%,不包括节假日、元旦和领取日薪员工的带薪休假。
夜间工作的员工,应至少支付按工资单价或正常工作日工作实际支付的工资计算的工资的30%,并在正常工作日或周假期或公共假期按工资单价或按日工作量计算的工资加发20%的工资。
预支工资按双方约定,不收取利息。 依照兵役法规定入伍的雇员,不得预支工资。 关于工资扣除,雇主仅有权扣除雇员的工资,以补偿因雇主的工具、设备和资产损坏而造成的损失。 扣除社会保险、健康保险、失业保险和个人所得税后,每月扣除不得超过实际工资的30%。
除上述规定外,自 2021 年起,如果员工未按时支付工资或工资不足,按照现行规定,员工有权立即离职,无需提前 3 天通知。
奖金
至于奖金规定,现行法律只规定奖金。 但是,根据 越南2019 年劳动法,员工将获得金钱或财产或其他形式的奖励,而不仅是金钱奖励。
带薪休假
根据劳动合同,为雇主工作满 12 个月的雇员有权享受年假和全薪,具体如下:
-在正常条件下工作的人需要 12 个工作日;
-未成年雇员、残疾工人、从事繁重、危险和危险工作的人 14 个工作日;
-从事特别繁重、有素、危险的职业或工作的人需要 16 个工作日。
为雇主工作少于 12 个月的雇员,年假天数与工作月数成正比。
因辞退、失业,未休年假或未休完年假天数的,用人单位应当支付未休年假天数的工资。雇主有责任在与雇员协商后制定年假时间表,并必须提前通知雇员。雇员可以与雇主约定分期休年假或一次最多休 3 年的合并年假。休无薪年假时,员工有权根据 越南2019 年劳动法第 101 条第 3 款的规定预支工资。公路旅行超过02天,从第3天起,旅行时间将在年度休息日的基础上加算,一年只计算1次休息。
以上是APRA律师事务所关于2021年员工工资、奖金和年假的建议。如果您仍有疑问,请联系热线寻求支持和建议。
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