Due to the increasing workload of businesses, factories, and enterprises, it is a problem for workers to work overtime at night to keep up with the work schedule. So, how is overtime work at night paid in Vietnam? The following article will answer the question on this issue!
- 2019 Labor Code
What is overtime work?
Article 106 of the Labor Code 2019 has the following provisions:
“Article 106. Night working hours
Night work hours are from 10 pm to 6 am the next day.“
Accordingly, the night is determined from 22:00 of the previous day to 6:00 of the next day. Therefore, working overtime at night is the time when the employee works outside the above time period prescribed by law.
Conditions for employees to work overtime at night
Pursuant to Clauses 2 and 3, Article 107 of the Labor Code 2019, the conditions for employees to work overtime at night, the employer needs to include:
- Must have the consent of the employee;
- Ensure that overtime hours of employees do not exceed 50% of normal working hours in one day; in the 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 one day; no more than 40 hours in one month;
- Ensure that the number of overtime hours of employees does not exceed 200 hours in one year, except for the following cases:
- Producing, processing, and exporting textiles, garments, leather, shoes, electricity, electronics, processing of agriculture, forestry, salt, and fishery products;
- Producing, supplying electricity, telecommunications, oil refining; water supply and drainage;
- In case of solving jobs that require workers with high professional and technical qualifications but the labor market cannot supply them adequately and in a timely manner;
- In case of having to deal with urgent work that cannot be delayed due to the seasonality and timing of raw materials and products or to solve problems arising due to unforeseen objective factors or consequences weather, natural disaster, fire, enemy sabotage, lack of electricity, lack of raw materials, technical problems of the production line;
Overtime wages at night of employees
Following Article 98 of the 2019 Labor Code, there are regulations on overtime and night work wages as follows:
Article 98. Wages for overtime and night work
- Employees who work overtime according to the salary unit price; or the actual salary paid according to the work they are doing are as follows:
- Weekdays, at least 150%;
- Weekly rest days, at least 200%;
- On public holidays, New Year’s Day, paid rest days, at least equal to 300%, excluding the salary for holidays, New Year’s Day, and paid holidays for employees receiving a daily salary.
- Employees who work at night are at least 30% of the salary according to the salary unit price or the actual salary paid according to the work of the normal working day.
According to the above regulations, employees will entitle to salary according to the following formula:
- Weekdays: (150% + 30% + 20%) x salary for that working day x number of overtime hours at night
- For weekly rest days: (200% + 30% + 20%) x salary for that working day x number of overtime hours worked at night
- For public holidays and paid days off (300% + 30% + 20%) x salary for that working day, x number of overtime hours worked at night
Thank you for paying attention to our article on “How is overtime work at night paid in Vietnam?”. Hope that this article will help you solve your problem. If you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
Pursuant to Article 105 of the Labor Code 2019 stipulates as follows: employees work no more than 08 hours in a day and not more than 48 hours in a week. The employer has the right to determine the working time by day or week, but must notify the employee; In the case of a weekly basis, the normal working time shall not exceed 10 hours in a day and 48 hours in a week.
Pursuant to Article 109 of the 2019 Dynamic Loudspeaker Code stipulates on Break during working hours as follows:
Employees who work according to working hours from 06 hours or more in a day are entitled to at least 30 consecutive minutes of rest, and at night, they are entitled to at least 45 consecutive minutes of rest. In case the employee works in a continuous shift of 06 hours or more, the break between hours is counted in the working hours.