When is the Full Moon of the 7th Lunar Month in 2024?

When is the full moon of the 7th lunar month in 2024?

The full moon of the 7th lunar month, which falls on the 15th of July in the lunar calendar, is an important day in Vietnamese folk religion and Buddhism. This day goes by several names, including Vu Lan Festival, Xá Tội Vong Nhân Ceremony, Hungry Ghost Festival, and Trung Nguyen Festival.

According to the perpetual calendar, the 7th lunar month in 2024 will commence on August 4, 2024, and conclude on September 2, 2024, in the Gregorian calendar. Consequently, the full moon of the 7th lunar month in 2024 will occur on Sunday, August 18, 2024, in the Gregorian calendar.

The 7th lunar month in 2024 will span from August 4, 2024, to September 2, 2024, in the Gregorian calendar.

Do employees get a day off on the full moon of the 7th lunar month?

According to Clause 112 of the 2019 Labor Code, which outlines regulations for holidays and festivals, employees are entitled to time off with full pay on the following occasions:

New Year’s Day: 1 day (January 1st in the Gregorian calendar); Lunar New Year: 5 days;

Victory Day: 1 day (April 30th in the Gregorian calendar); International Workers’ Day: 1 day (May 1st in the Gregorian calendar);

National Day: 2 days (September 2nd in the Gregorian calendar and either the day before or after);

Hung Kings Commemoration Day: 1 day (10th day of the 3rd lunar month)

Foreign employees working in Vietnam, in addition to the days off specified in Clause 1 of this Article, are also entitled to an extra day off for their country’s traditional Lunar New Year celebration and National Day.

Each year, based on practical circumstances, the Prime Minister will issue a decision regarding the specific days off as mentioned in Points b and d of Clause 1 of this Article.

Consequently, the full moon of the 7th lunar month is not included in the list of official holidays as per the 2019 Labor Code. Therefore, employees are not entitled to a day off with full pay on this day unless there is a separate decision made by the Prime Minister based on the specific circumstances of that year.

As per the aforementioned regulations, employees will be entitled to time off with full pay on 6 occasions throughout the year, which are as follows:

– New Year’s Day

– Lunar New Year

– Victory Day

– International Workers’ Day

– National Day

– Hung Kings Commemoration Day

Thus, the full moon of the 7th lunar month is not considered an official holiday, and employees will not have a day off unless it coincides with their regular day off.

However, employees who wish to take time off on this day can submit a request for a paid or unpaid leave of absence. Additionally, whether employees are allowed to take the day off or leave early on the full moon of the 7th lunar month may also depend on the company’s internal policies.

What are the penalties for employers who fail to pay overtime wages to their employees?

According to Clause 2, Article 17 of Decree 12/2022/ND-CP, the following penalties will be imposed:

Violations regarding wages

2. Fines shall be imposed on employers who commit any of the following acts: Failure to pay wages by the due date stipulated by law; failure to pay or underpayment of wages to employees as agreed upon in the labor contract; failure to pay or underpayment of overtime wages; failure to pay or underpayment of night shift wages; failure to pay or underpayment of wages for suspended work to employees as stipulated by law; restricting or interfering with employees’ freedom to decide how to spend their wages; coercing employees to spend their wages on purchasing goods or using services provided by the employer or by a designated third party; making unlawful deductions from employees’ wages; failure to pay or underpayment of wages as stipulated to employees when temporarily transferring them to another job position or during a strike;

failure to pay or underpayment of wages to employees for their remaining annual leave days or unused annual leave days upon termination of their employment; failure to provide an advance or insufficient advance payment of wages to employees during their temporary work suspension as stipulated by law; failure to pay full wages to employees for the period of temporary work suspension if the employees are not subject to disciplinary action in the form of:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 for violations involving 1 to 10 employees;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 for violations involving 11 to 50 employees;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 for violations involving 51 to 100 employees;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 for violations involving 101 to 300 employees;

e) A fine ranging from VND 40,000,000 to VND 50,000,000 for violations involving 301 or more employees….

5. Remedial measures

a) The employer shall be required to pay the full amount of wages owed to the employee, plus interest calculated based on the interest rate for non-term deposits of State commercial banks at the time of sanctioning for violations specified in Clauses 2 and 3 of this Article;

Note: According to Clause 1, Article 6 of Decree 12/2022/ND-CP, the aforementioned fine amounts are applicable to individuals. For organizations, the fine shall be doubled.

In summary, employers who fail to pay overtime wages to their employees will be subject to administrative sanctions, and the amount of the fine will depend on the number of employees affected. Additionally, employers will be required to pay the full amount of wages owed, plus interest calculated based on the interest rate for non-term deposits of State commercial banks at the time of sanctioning.

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