1. Latest legal regulations on standard working days of employees

Based on the provisions of Article 105 Labor Code 2019 Regarding working hours, we can clearly see the law's focus on the rights and working conditions of workers. Normal working hours are not only specifically defined in terms of duration but also set out important principles to protect the health and rights of workers.

According to current regulations, normal working hours are limited to no more than 8 hours in a day and no more than 48 hours in a working week. These restrictions not only bring fairness to workers but also emphasize the importance of maintaining health and taking time off.

This way, workers have the necessary time to rest, regenerate energy and maintain good health. This not only helps them maintain a positive working spirit but also ensures work performance and personal life quality.

However, to suit the characteristics of each industry and business, employers are free to regulate working hours by day or week. This creates flexibility in human resource management, but most importantly, they must notify employees in detail about this working time.

Advance notice helps create transparency and consensus between employees and employers about working time, helping them easily adjust their personal lives and be proactive in their work plans. This demonstrates the spirit of cooperation and concern for the rights and health of workers, contributing to building a positive and sustainable working environment.

In addition, the 40-hour working week is encouraged by the state, emphasizing support and encouragement for employees to have a reasonable work schedule to balance work and personal life.

Another important thing is the employer's responsibility to ensure the safety of employees when exposed to dangerous and harmful factors. This reflects the importance of complying with national technical regulations and relevant laws to ensure a safe and healthy working environment.

In summary, the regulations in Article 105 of the 2019 Labor Code do not only clearly define working hours but also focus on protecting the rights and health of workers, as well as encouraging a positive working environment. and safe.

2. Is the monthly salary based on the number of working days?

According to detailed regulations in Article 96 of the Labor Code, the form of salary payment is according to Article 54 Decree 145/2020/ND-CP clearly defined and flexible, reflecting the diverse nature of work and working conditions. Specifically, there are three main forms as follows:

- Pay by time:

+ Monthly salary: Paid for one month of work as agreed in the labor contract.

+ Weekly salary: Paid for one working week. In the case of a monthly labor contract, the weekly salary is determined by dividing the monthly salary by the number of working weeks in the year.

+ Daily wage: Paid for one working day. If the labor contract is agreed on a monthly basis, the daily salary is determined by dividing the monthly salary by the number of normal working days in the month.

   In particular, the hourly wage is applied when the labor contract is agreed on a monthly, weekly or daily basis, and is calculated by dividing the daily wage by the number of normal working hours of the day.

- Pay based on product: Wages are paid based on the quantity and quality of products according to labor norms and unit price of delivered products. This is a form of encouraging productivity and quality of labor.

- Piece rate pay: Applicable to employees receiving piece rate wages, and is determined by the volume of work, quality of work, and time needed to complete.

Detailed regulations on these forms of pay not only provide flexibility to employers and employees but also promote fairness and efficiency in the labor environment. This helps create an adaptive and fair system that truly reflects the nature and characteristics of each type of job and industry.

3. How to calculate standard working days in a month?

Therefore, the determination of monthly salary will be directly affected by the working day, especially when the labor contract between the employee and the employer has agreed on the form of payment as monthly salary. In this case, the calculation of monthly salary will be based on the actual number of working days that the employee has worked in a month.

If the labor contract stipulates a monthly salary, this amount will be determined by agreement between the two parties, based on the number of normal working days in a month, according to the provisions of law and specific agreements. in the labor contract. This not only creates transparency and fairness in the salary payment process but also helps ensure the rights and responsibilities of both employees and employers.

Based on this principle, monthly salary calculation becomes flexible and accurately reflects the effort and labor contribution of each employee. At the same time, this also motivates employees to actively participate in work, ensuring work performance and creating a positive and team working environment.

Based on the provisions in section a3, point a, clause 1 of Article 54 of Decree 145/2020/ND-CP, time-based salary payment is a flexible and detailed payment method, reflecting diversity. in the nature of work and working conditions.

Accordingly, time-based wages are paid based on the agreement between the employee and the employer in the labor contract. Specifically, if the labor contract stipulates a monthly salary, the daily salary will be calculated by dividing the monthly salary by the number of normal working days in the month, in accordance with the provisions of law and according to your choice. business choice.

If the labor contract is agreed on a weekly basis, the daily wage will be determined based on the weekly wage, divided by the number of working days in the week as agreed in the labor contract. This not only creates transparency and fairness in salary calculation, but also helps flex the payment process, suitable for the characteristics of each business and industry.

At the same time, applying this form of time-based pay helps promote flexibility and labor efficiency, because employees can be flexible in managing their working time, and at the same time, businesses. You also have the opportunity to optimize your human resources.

According to the above regulations, the calculation of workers' workdays and salaries becomes flexible and transparent, focusing on fairness in assessing labor contributions and managing working time.

First, to calculate a working day's salary, the working day is determined by dividing the monthly salary by the number of working days in that month. This helps determine the value of each workday, creating a foundation for flexible salary calculation based on actual working time.

In case the employee does not take any days off during the month, they will receive their entire salary for that month, while encouraging positivity at work and maintaining labor motivation.

If the employee has unpaid leave, the salary calculation will apply according to specific rules. The amount of salary per working day will be determined by dividing the monthly salary by the actual number of working days. Next, the total salary that the employee receives will be calculated by subtracting the salary for one working day and multiplying it by the number of days they take unpaid leave. This helps ensure fairness and transparency in salary payments, while encouraging efficiency in using employees' working time.