Regulations on organizing overtime work under Vietnamese Law

Accordingly, the need to ask people to work overtime to ensure the nature of the work does not have to spend time and money recruiting new personnel is a famous method. However, because hiring workers to work overtime outside office hours directly affects the health of workers. Therefore, it is not always nice to work overtime. So, what are the regulations on organizing overtime work under Vietnamese Law? Let’s find out with LSX!

Legal ground

• 2019 Labor Code

Average overtime

Correspondingly, it is no coincidence that the law stipulates that the number of working hours per day must not exceed 8 hours. Part-time work during this period is suitable for the health of the employees. Therefore, overtime work will affect the health of workers. Thus, the Labor Law has regulations on overtime as follows:

• In case it is a day-to-day overtime job, it must not exceed 50% of the normal working hours in a day;
• In case it is a weekly overtime job; the total number of normal working hours and overtime hours must not exceed 12 hours/day;
• Average: No more than 30 hours/month and 200 hours/year.

Requirements for organizing overtime work

Hence the provisions of Clause 2, Article 107 of the Labor Code 2019; employers may use employees to work overtime when fully meeting the following requirements:

• The employee’s consent is required;
• Ensure that the employee’s overtime hours do not exceed 50% of the normal working hours in a day; in case of applying the regulation on normal working hours per week; the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day; no more than 40 hours in 01 month;
• The employee’s overtime hours must not exceed 200 hours per year; except for the case specified in Clause 3 of this Article.

In addition, the employer can use the employee to work overtime for no more than 300 hours in 01 years in a number of industries, professions, jobs, or in the following cases:

• Producing, processing and exporting textile, garment, leather and shoe products; electricity, electronics, agro-forestry, salt-based and aquatic product processing;
• Production and supply of electricity, telecommunications, oil refining; water supply and drainage;
• In case of solving jobs requiring highly qualified professional and technical workers; that the labor market does not provide adequate and timely;
• In case of urgent work to be solved; cannot be delayed due to the seasonality and timing of raw materials; products or to solve problems arising from unforeseen objective factors; as a result of weather, natural disasters, fires, enemy sabotage, lack of electricity; lack of raw materials, technical problems of the production line;
• Other cases prescribed by the Government.

Notes when employing employees from 15-18 years old

Based on the health situation as well as the cognitive ability of the juvenile workers; then the law stipulates that this age is only allowed to use labor in light jobs that do not require a lot of specific strength such as actors, dancing, singing, drawing, etc.

Currently, there is no specific regulation on asking minor employees to work overtime in any job; but only the list of jobs prohibited for workers in this age group such as dyeing, steaming fabrics; preliminary processing of bamboo, cork, rattan, sedge; working on airplanes… Following this regulation, employers should also consider specific regulations to avoid breaking the law.

Pregnant female employees in overtime working

Basically, pregnant women are a subject protected by law simply from all activities affect; not only the mother but also the child. So from the social insurance regime to the dismissal decision; the law has provisions to protect the best interests of female employees. The same goes for asking for overtime.

Following the provisions of Clause 1, Article 137 of the Labor Code 2019; female workers, especially pregnant women; then the employer are not allowed to use overtime. Specifically:

Article 137. Maternity protection

• Employers can not use employees to work at night, work overtime and go on a business trip in the following cases:
  • Pregnant from the 7th month or from the 6th month in case working in highland, deep-lying, remote, border, or island areas;
  • They are raising children under 12 months old unless otherwise agreed by the employee.

Thus, the employer can not use female employees to work part-time when pregnant from the 7th month; or from the 6th month if working in highland, deep-lying, remote, border, or island areas.

Overtime wages for employees

Thus, overtime pay is always higher than normal; as an amount of compensation for workers’ efforts. As follows:

• Overtime on weekdays: at least 150%;
• Overtime on weekly rest days: at least 200%;
• Working overtime on public holidays and paid days off: at least equal to 300% excluding holiday wages; days off with pay for employees receiving daily wages.
• Overtime work at night: in addition to nighttime wages; employees also have an additional 20% of the salary calculated according to the salary unit price or salary according to the day job.

Thus, ensuring wages for employees needs to be implemented in accordance with regulations and willful acts of violating enterprises will be sanctioned according to regulations.

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