13th-month salary for those resigning before Tet: Are you eligible to receive it?
As the end of the year approaches, salary and bonus issues are always a focal point for employees. One of the most common questions that HR departments frequently receive is: “If I resign before Tet, will I receive the 13th-month salary?”. To answer this question thoroughly, employees need to grasp the legal regulations as well as the collective labor agreement at their unit. If you want to understand the nature, legal basis, and accurate calculation formulas more deeply, please refer to the article 13th-Month Salary: Detailed Guide on How to Calculate According to the Latest Labor Law & Important Regulations for Businesses for the most comprehensive view.
The payment of the 13th-month salary is actually not a mandatory regulation in the 2019 Labor Code, but is often considered a bonus based on the agreement between the employer and the employee. However, once this policy has been included in the labor contract or the company’s salary and bonus regulations, it becomes a legal right that the business is obligated to fulfill.
Many employees worry that submitting a resignation letter before Tet will cause them to lose this “Tet bonus”. In reality, the answer depends entirely on the company’s internal rules. If the business regulations clearly state that the employee must be working at the time of payment to be eligible, then resigning before that time means you may lose this benefit. Conversely, if the 13th-month salary calculation policy is based on the actual working time during the year, you have every right to receive a payment corresponding to the number of months you have contributed.
Legal basis for calculating 13th-month salary
According to Article 104 of the 2019 Labor Code, a bonus is a sum of money, property, or other forms that an employer rewards an employee based on production and business results and the level of job completion. Therefore, to determine whether you are eligible to receive the 13th-month salary when resigning, you need to check the following documents:
- Signed labor contract.
- The company’s collective labor agreement.
- The enterprise’s internal salary, bonus, and welfare regulations.
If these documents contain provisions for paying the 13th-month salary based on the ratio of working time, then even if you resign before Tet, the company is still responsible for paying the salary portion corresponding to the number of months you worked that year.
Formula for calculating 13th-month salary for resigning employees
Usually, the most common way to calculate the 13th-month salary is based on the actual working time during the year. If you have not worked for a full 12 months, the calculation formula will be applied as follows:
Common formula:
13th-month salary = (Average monthly salary / 12 months) x Number of actual months worked in the year.
Illustrative example:
Suppose your average salary during the year is 15,000,000 VND/month. You worked for 10 months and submitted your resignation before Tet. The 13th-month salary amount you may receive is:
(15,000,000 / 12) x 10 = 12,500,000 VND.
Note that some companies may apply other criteria such as: job performance evaluation (KPI), whether the probationary period is included, or whether allowances are included in the 13th-month salary. Therefore, employees need to read the internal regulations carefully to avoid unnecessary disputes.
Important notes when resigning before Tet
When deciding to resign at the end of the year, you need to keep in mind the following issues to protect your rights:
- Negotiate with HR: Before submitting your letter, proactively discuss with the HR department regarding the 13th-month salary bonus policy for resignation cases.
- Check the payment deadline: Typically, the 13th-month salary will be paid along with the final salary payment before resignation or according to the company’s general payment schedule. Ensure you are clear on this timing.
- Personal income tax: The 13th-month salary is considered taxable income. Therefore, this amount will still be deducted for personal income tax according to current legal regulations.
- Social insurance: Resigning before Tet does not affect the 13th-month salary, but ensure you have fully closed your social insurance book to facilitate finding a new job or receiving unemployment benefits.
Conclusion
Resigning before Tet is an important decision that requires careful preparation regarding finances and legal understanding. The 13th-month salary is not only a recognition of your efforts throughout the year but also a significant part of your income. Do not let a lack of information cause you to lose your legitimate rights.
Always maintain a professional attitude, follow the handover process correctly, and cross-check the terms in your labor contract to ensure you receive all bonuses according to the agreement. We wish you a fulfilling end-of-year holiday and hope you soon find promising new career opportunities!