Nowadays, the issue between employees and employers is getting a lot of attention. One of the most typical problems is overtime. So about the matter “Regulation on rest time during overtime in Vietnam” Let’s find out with LSX in the article below.
Legal grounds:
- Labor Law 2019.
- Decree No. 145/2020/ND-CP.
Regulations on shifts
Employees when working for businesses often will not care about whether the enterprise’s regulation of their shift is correct or not. In many cases, the rights of workers are seriously violated. To delve into this issue, it is first necessary to have a clear understanding of the concept of “shift”.
Pursuant to the provisions of Clause 1, Article 63 of Decree No. 145/2020/ND-CP: A working shift is the working period of an employee from the time he starts taking on the task until the end and handover of the task services to others, including working time and breaks.
Article 105 of the Labor Code 2019 clearly stipulates the working hours and shifts of employees. Specifically:
“Working time will be determined by the employer, the employer must be responsible for informing the employee about the regulation of working time.
In which, if working by day, the normal working time of the employee must not exceed 08 hours in 01 day. In addition, no more than 48 hours in a week. In the case of weekly work, the normal working time must not exceed 10 hours in a day and must not exceed 48 hours in a week like the case of daily work.”
The State always encourages employers to regulate the implementation of a 40-hour working week for employees.
If the employee needs to work overtime or they accept to work overtime when requested by the employer, the time of the shift will be longer than usual. Overtime is a period of working time outside of normal working hours as prescribed by law, collective labor agreement or labor regulations.
Pursuant to Article 60 of Decree No. 145/2020/ND-CP, the employer is only allowed to set the employee’s overtime hours not exceeding 12 hours/day, which includes normal working time and working time. overtime.
In addition, for overtime work, it must not exceed 40 hours/month and 200 hours/year, except for workers doing jobs such as electricity production, shoes, leather, water supply and drainage, etc.
What is the maximum rest period between each shift?
The Labor Code of 2019 has changed compared to the Labor Code of 2012 in regulating the rest time between each shift of employees. Specifically, based on Article 109 of the Labor Code 2019 and Article 64 of Decree No. 145/2020/ND-CP, the maximum rest time between shifts of an employee is calculated as follows:
(i) In case the employee works from 06 hours or more/day, the working time is during the day, the break time between the work shift of the employee must be at least 30 consecutive minutes.
(ii) In case an employee works 06 hours or more/day, works at night or has at least 03 hours of night work, the employee’s rest time between shifts must be at least 45 minutes continuously.
In case the employee works in a continuous shift of 06 hours or more, the rest time between the shift for the employee shall be counted in the working hours.
Decree No. 145/2020/ND-CP also encourages employers and employees to negotiate with each other about the break time to be counted in working hours even though the employees do not work in continuous shifts.
Regulation on rest time during overtime in Vietnam
This regulation is a new regulation recorded in Decree No. 145/2020/ND-CP. Accordingly, the organization of shift work is the arrangement of at least 02 people or 02 groups of people to take turns working on the same working position, calculated for a period of 01 day (24 consecutive hours).
In combination with giving workers a break in between shifts, enterprises when organizing shift work will assign at least 02 people or 02 groups of people alternately in the same working position in a day. When this group of people work, it will be the rest time of the other group and vice versa. The organization of shift work not only helps businesses achieve high efficiency in work, but also ensures labor power for employees.
Enterprises are required to arrange rest schedules to ensure that employees have at least 12 hours of rest before moving to another shift. In addition, Decree No. 145/2020/ND-CP also stipulates that the employer is not allowed to arrange rest time at the beginning or end of the working shift, in order to ensure that the employees are not to work for many hours in a row.
Penalties for violating of enterprises
In fact, many businesses want to make profit, so there have been many cases of over-regulating working time for employees, forcing employees to work overtime, not allowing employees to take time off. The law on labor in order to protect the rights and interests of employees has stipulated sanctions when businesses violate, specifically in Decree No. 28/2020/ND-CP.
In case the employer fails to guarantee the time off during working hours or shifts to change shifts for the employee, it will be subject to a fine of between VND 2 and 5 million.
In case the employer organizes the employee’s normal working hours beyond the prescribed working hours, a fine of between VND 20-25 million shall be imposed.
In case the employer works overtime for more than the prescribed number of hours, the fine level for the employer will depend on the number of employees being violated:
(i) If the violation is from 1 to 10 employees, a fine of from 5 to 10 million VND will be imposed
(ii) If violating from 11 to 50 employees, they will be fined from 10 to 20 million VND
(iii) If you violate 51-100 workers, you will be fined from 20-40 million VND
(iv) If you violate 51-100 employees, you will be fined from 20 to 40 million VND
(v) If you violate 101 – 300 employees, you will be fined from 20 – 40 million VND
(vi) If violating 301 employees or more, they will be fined from 60 to 70 million VND.
What is overtime salary?
Overtime pay is the amount that an enterprise or an employer pays an employee for performing overtime work. Overtime is the period during which the employee works outside the working time specified in the labor contract.
When employing overtime workers, business owners need to pay attention to the following issues prescribed by law:
– Must have the consent of the employee
– The number of overtime hours of an employee must not exceed 50% of the normal working hours in a day
– If employees are arranged to work overtime in a month, the enterprise must arrange for the employees to take compensatory leave for the number of hours not taken.
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Frequently asked questions
According to Article 5 of Decree 45/2013/ND-CP and Article 108 of the Labor Code 2012, if the company applies the prescribed working time as a continuous working time, then when the overtime is increased by 2 hours ( a total of 10 hours), employees must be arranged for an additional break of at least 30 minutes counted in working hours.
In case the employer fails to guarantee the time off during working hours or shifts to change shifts for the employee, it will be subject to a fine of between VND 2 and 5 million.
Pursuant to Article 60 of Decree No. 145/2020/ND-CP, the employer is only allowed to set the employee’s overtime hours not exceeding 12 hours/day, which includes normal working time and working time. overtime.
Conclusion: So the above is Regulations on rest time during overtime in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
