1. What is overtime considered?

Working overtime is probably no longer a strange thing for each of us, accordingly, overtime is understood as work outside of the official working hours or normal working hours of an employee. It may include working on weekends, in the evenings or on holidays. Overtime is usually counted as part of an employee's gross earnings and is often paid at a higher rate than regular work hours. Overtime may be due to increased work demands, projects that need to be completed, or other factors that require flexibility in work hours. However, working overtime can also affect your health and balance between work and personal life, so time management is an important factor when deciding whether to work overtime or not. .

Besides, the law also clearly regulates overtime in Clause 1, Article 107 Labor Code 2019, accordingly, overtime is the working time outside of normal working hours as prescribed by law, collective labor agreement or internal labor regulations. This time is the working time outside the normal working hours prescribed by law, collective labor agreement or internal labor regulations of the enterprise.

Usually, a regular workweek is defined as having a number of working hours, and if an employee works overtime, that time will be counted as overtime. Overtime regulations may include how to calculate overtime pay, and limit the number of overtime hours per day or per week to protect workers' rights and health. These regulations are often put in place to ensure that workers do not have to work excessively, and also to ensure that they receive fair treatment and protection of their rights when engaged in work. overtime.

Thus, based on the above regulations, overtime is understood as working time outside of normal working hours according to the provisions of law, collective labor agreement or labor regulations.

2. Will I be paid overtime if I try to work on New Year's Day?

To answer the question of whether probationary employees are paid overtime on New Year's Day, you can follow the content in Article 98 of the 2019 Labor Code regulating overtime wages, work at night. As follows:

- On weekdays: Employees will be paid at least 150% of the salary unit price or actual salary according to the job they are doing.

- On weekly holidays: Salary is at least equal to 200% of the salary unit price or actual salary.

- On holidays, New Year, paid leave: Salary is at least equal to 300% of the salary unit price or actual salary. It should be noted that this does not include wages for holidays, Tet, and paid days off for these days off for employees who already receive daily wages.

Thus, based on the above regulations, probationary employees who work overtime on New Year's Day will still be paid overtime wages equal to at least 300% of the salary unit price or actual salary paid according to the job being performed, not including Wages for holidays, New Year, and paid days off for employees receiving daily wages.

The fact that the law clearly stipulates the overtime wage regime is of great significance in protecting the rights and interests of workers. Shown in the following aspects:

Protecting workers' rights: Regulations on overtime pay ensure that workers are paid a fair wage when required to work overtime. This prevents workers from being overworked without receiving fair wages. The primary goal of overtime pay regulations is to ensure that employees receive a fair wage for performing work outside of normal working hours. Additionally, this clearly states that overtime should not result in workers being overworked without receiving fair compensation. Fairness in pay is an important principle to protect workers' rights.

Encourage flexibility: Overtime pay can encourage flexibility in working time management. If necessary, workers can accept overtime to meet the demands of overtime work, and this can bring benefits to increasing their income.

Boosts performance and commitment: Paying higher overtime can increase workers' motivation and increase their commitment to their work. This can positively affect employee performance and satisfaction.

Compliance with the law: Regulations on overtime pay help businesses comply with labor law regulations and avoid legal problems that may arise from not ensuring the rights of employees .

Create fair and sustainable conditions: Overtime wages help build a fair and sustainable working environment, where employees are evaluated and treated fairly based on their efforts and contributions. Surname.

In summary, regulations on overtime pay play an important role in building a positive working environment and protecting the rights of employees.

3. Will I receive a 13th month salary on probation?

Based on the provisions in Article 104 of the 2019 Labor Code, there are specific regulations as follows regarding bonus regimes:

Reward is defined as an amount of money or property or in other forms. Base factors for bonuses include production and business results, and the level of work completion of employees. This demonstrates a direct relationship between rewards and labor performance, encouraging workers' positivity and effort.

Bonus regulations: Bonus regulations are determined and decided by the employer. This decision should be announced publicly in the workplace. It is important that this regulation must be implemented after consulting with the representative organization of workers at the facility, especially where there is a representative organization of workers at the facility.

Analysis:

Granting decision-making power to the employer: Bonus regulations are decided by the employer.

 Transparency and dialogue: Requiring public disclosure and consultation with grassroots employee organizations ensures transparency and dialogue, helping to create a fair and inclusive process. conversation.

Linking rewards to performance: Clear regulations on linking rewards to production and business results, and the level of job completion of employees. This encourages employees to work efficiently and make positive contributions towards organizational goals.

The 13th month salary is known as an employee's bonus, so employers are not required to pay a 13th month salary to probationary employees. The Lunar New Year bonus regulations will be decided by the employer and publicly announced at the workplace after consulting with the employee representative organization. Besides, if the employer decides to give a Tet bonus to probationary employees, it is not required to give a Tet bonus in cash.