Labor helps to create material wealth to feed people, as well as bring spiritual values to enrich life. However, human labor can be exhausted without a reasonable working and resting regime. Therefore, the regulation of a reasonable working time will have great significance in improving productivity and labor quality. In Vietnam, the Labor Code and guiding documents of the State have specified the issue of working time of employees. In this article, LSX legal firm will give you an insight into: “Actual state of Vietnamese labor code on working hours”
Legal ground
- Labor Code 2019
Working hours of employee
The law regulates the working hours, whereby the employee must present at the working place and perform the assigned tasks in accordance with the labor regulations of the unit, the company’s charter, and labor contracts. During this time, the employees have to work as prescribed by the employer, in accordance with the general provisions of the law and the agreements in the signed contract or labor agreement.
Working hours prescribed by the Labor Code in Chapter VII include normal working hours, night working hours, overtime hours, and working hours for those who do work with special nature.
Normal working hours
Article 105 of the Labor Code 2019 stipulates the normal working hours of employees.
Normal working time means a period of time determined on the basis of conditions such as infrastructure, working environment, weather, and average labor consumption of employees, calculated on a day and night (24 hours) or calculated on a week (7 days and nights). Accordingly, the employer based on this basis to stipulate working hours by day or week to suit the production and business situation of the unit.
- Normal working hours shall not exceed 08 hours per day or 48 hours per week.
- An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.
- The State encourages employers to apply 40-hour workweeks.
- The employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.
Working hours at night
Based on the assessment of the impact of climatic factors in different regions on the length of the night and the feasibility of applying the regulations, the Labor Code 2019 has inherited the regulations on working hours at night of the old Labor Code 2012. The night working time regime is calculated from 22 pm to 6 am of the next morning (Article 106 of the Labor Code 2019).
Night working time is mainly applied to units employing shift workers. Biologically, the human body needs to rest after a day of activity to recover health and reproduce labor power from 10 pm to 6 am.
However, not all workers can work at night. Some laborers, due to the characteristics of natural responsibilities (female workers giving birth and raising children) or have not yet fully developed their physical and mental abilities (underage workers), or the function of the body lost or impaired (disabled workers), can not work during this period. So, the law stipulates that employers must not make such subjects work at night.
Overtime work
According to Article 107 of the Labor Code 2019:
Article 107. Overtime work
1. Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement, or internal labor regulations of an employer.
2. An employer has the right to request an employee to work overtime when all of the following conditions are met:
a) The employee agrees to work overtime;
b) The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in the case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;
c) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.
4. An employer must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs, and cases:
a) Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;
b) Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;
c) Works that require highly skilled workers that are not available on the labor market at the time;
d) Urgent works that cannot be delayed due to seasonal reasons or availability of materials or products, or due to unexpected causes, bad weather, natural disasters, fire, hostility, shortage of power or raw materials, or technical issue of the production line;
dd) Other cases prescribed by the Government.
5. When organizing overtime work as prescribed in Clause 3 of this Article, the employer shall send a written notification to the provincial labor authority.
Overtime working in special cases
In certain cases, to meet actual needs and the job requirements related to the common interests of the State and society, the employers have the right to require employees to work overtime on any day without limitation on the number of overtime hours and employees can not refuse to work overtime.
Article 108. Overtime working in special cases
In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of this Labor Code and the employee must not decline:
- Execution of a conscription order for the purpose of national security or national defense as prescribed by law;
- Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics, and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.
Overtime pay and night work pay
Employee who works overtime will enjoy an additional amount of salary based on the piece rate or actual salary as follows:
- On normal days: at least 150%;
- On weekly days off: at least 200%;
- During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
An employee who works at night will enjoy an additional amount of payment at least 30% of the normal salary.
An employee who works overtime at night will receive remuneration, in addition to the salary mentioned above, an amount of at least 20% of the day work salary of a normal day, weekend, or public holiday.
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Related questions
The employer has the right to determine the working time by day or week but must notify the employee; In the case of a week, the normal working time shall not exceed 10 hours in a day and 48 hours in a week.
Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee.
Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.
The employer and employee shall reach an agreement on whether the salary is time-based, product-based (piece rate) or a fixed amount.
Salary shall be paid in cash or transferred to the employee’s personal bank account.
In case of bank transfer, the employer shall pay the costs of account opening and transfer.
Conclusion: So the above is Actual state of Vietnamese labor code on working hours. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
