📋 Tender Overview
Ms. Vu Thi Nguyen Ha (Dong Nai) signed a labor contract with the company, the form of salary payment is 8 hours a day, 26 days a month. Ms. Ha asked, a month with 31 days minus 4 Sundays has 27 working days left, a month with 29 days minus 4 Sundays has 25 working days left, is the company calculating the monthly salary divided by the standard working day on the contract is 26 multiplied by the number of working days per month, is that correct? Regarding this issue, the Ministry of Labor - Invalids and Social Affairs responded as follows: Clause 1, Article 105 stipulates normal working hours for employees.
Clause 1, Article 54 of the Decree dated December 14, 2020 of the Government stipulates the form of salary payment by time, by product and piecework payment of employers and employees. Based on the above regulations, in case Ms. Has company pays salary by day, the daily salary must be clearly stated.
In case Ms. Has company agrees on monthly salary, the daily salary is determined by dividing the monthly salary by the number of normal working days in the month according to the provisions of law and must be clearly stated in the labor contract. The question of Ms. Vu Thi Nguyen Ha above is not clear whether the labor contract agrees to pay daily or monthly salary, so there is no basis for a specific answer. Ms. Ha will base on the above regulations to negotiate with the employer. If necessary, Ms. Ha will contact the local labor management agency to consider answering according to authority.
