Working at night also has relatively different regulations compared to normal working hours. Due to the specificity of working at night, which is a rest time, there are differences in working hours, salary calculation, and rest when working in the night shift. So, specifically, what issues should employees pay attention to when working at night? So about the matter “Night working hours regulations in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
- Decree No. 145/2020/ND-CP
Night working hours regulations in Vietnam
The latest regulations on night shift work
Working time is the time during which an employee will be entitled to a normal salary, overtime depends on the agreement between the employee and the employer but must not exceed the maximum prescribed amount. under the law.
According to Article 105 and Article 106 of the Labor Code, the normal working hours and night shift are as follows:
Article 105. Normal working hours
1. Normal working hours shall not exceed 08 hours in a day and not more than 48 hours in a week.
2. The employer has the right to determine the working time by day or week but must notify the employee of it; In the case of a week, the normal working time shall not exceed 10 hours in a day and 48 hours in a week.
The State encourages employers to implement a 40-hour work week for employees.
3. Employers are responsible for ensuring that the working time limit for exposure to dangerous and harmful factors strictly complies with national technical regulations and relevant laws.
Article 106. Night working hours
Night work hours are calculated from 10 pm to 6 am the next day.
Accordingly, it can be seen that whether it is normal working time or night shift, it is only different in time. The night shift is defined as between 10 p.m. and 6 a.m. the next morning. The regulation on the maximum number of working hours must still comply with the provisions of the law in Article 105 of the Labor Code, which is no more than 48 hours in a week.
Time not working is counted at night
Besides, according to Article 58 of Decree 145/2020/ND-CP, specific regulations on working hours for salary are as follows:
Article 58. Hours are counted in paid working hours
1. Taking a break between hours specified in Clause 2, Article 64 of this Decree.
2. Take breaks according to the nature of the work.
3. Necessary rest in the working process has been included in the labor norm for the natural physiological needs of human beings.
4. Time off for female employees when pregnant or raising children under 12 months old, during menstruation as prescribed in Clauses 2 and 4, Article 137 of the Labor Code.
5. The time to stop working is not due to the fault of the employee.
6. Meeting, study and training time is at the request of the employer or agreed by the employer.
7. The duration of time when the apprentice, apprentice directly or participates in labor is specified in Clause 5, Article 61 of the Labor Code.
8. The time that the employee is a member of the leadership of the employee representative organization at the establishment is used to perform the tasks specified in Clauses 2 and 3, Article 176 of the Labor Code.
9. Time for medical examination, examination for occupational disease, medical assessment to determine the degree of working capacity decrease due to occupational accident or occupational disease, if such time is carried out according to the arrangement. or at the request of the employer.
10. Time for military service registration, medical examination and examination, if such time is entitled to full salary according to the provisions of the law on military service.”
Accordingly, it can be seen that the hours of night shift work as required by law, in this period also include the periods included in the above-said salaried working hours, as long as they take place within night shift time.
Calculating salary when working night shift
Wage is the amount that the employer pays the employee under an agreement to perform the work, including the salary according to the job or title, salary allowances and other supplements.
According to the law, the salary according to the job or title must not be lower than the minimum wage. Employers are also obligated to ensure equal pay, regardless of gender, to workers performing work of equal value.
According to Clause 2, Article 98 of the Labor Code, the payment of wages when working at night is as follows:
“2. Employees who work at night shall be paid at least 30% of the salary calculated according to the wage unit price or the actual salary paid according to the work of the normal working day.”
Currently, the calculation of wages for working at night is specifically guided in Article 56 of Decree 145/2020/ND-CP as follows:
– For employees who are paid by time, the salary for working at night is calculated as follows:
Nighttime Wages = Actual Hourly Wages on Normal Working Days + Actual Hourly Wages on Normal Working Days x At least 30% x Number of Night Working Hours
In which: The actual hourly wage paid in a normal working day is determined according to the following regulations:
The actual hourly wage paid for a normal working day is determined on the basis of the actual salary paid according to the current work of the month in which the employee works overtime (except overtime wages, overtime wages paid for working overtime). at night) divided by the actual number of hours worked in the month (excluding overtime hours). In the case of daily or weekly wage payment, the actual hourly wage paid is determined on the basis of the actual salary paid for that working day or week (except overtime wages, overtime wages paid when working in the morning). night) divided by the actual number of hours worked during the day or week (excluding overtime hours);
– For employees who are paid by product, the salary for working at night is calculated as follows:
Night work salary = Product salary unit price of normal working day + Product salary unit price of normal working day x At least 30% x Number of products worked at night
Regulations on working overtime at night
Overtime hours at night
According to Article 60 of Decree 145/2020/ND-CP, the limit on the number of overtime hours is as follows:
– The total number of overtime hours must not exceed 50% of the normal working hours in a day when working overtime on a normal working day
– In case the regulation of normal working hours per week is applied, the total number of normal working hours and overtime hours must not exceed 12 hours in a day.
– In case of working part-time under Article 32 of the Labor Code, the total number of normal working hours and overtime hours must not exceed 12 hours in a day.
– The total number of overtime hours must not exceed 12 hours in a day, when working overtime on public holidays, New Year’s Day and weekly rest days.
Calculating overtime pay at night
Employees who work overtime at night are entitled to a salary calculated according to the following formula:
– For employees who are paid by time, overtime pay at night is calculated as follows:
Overtime pay at night = Actual hourly wages paid for work performed on normal working days x At least 150% or 200% or 300% + Actual hourly wages paid for work performed on the day normal working day x At least 30% + 20% x Hourly wages during the day of normal working days or of weekly rest days or of public holidays, New Year and paid holidays x Number of overtime hours At night
In there:
a) The hourly wages actually paid for the work being done on a normal working day are determined according to the above section;
b) Daytime hourly wages of a normal working day or of a weekly rest day or of a public holiday, New Year, or paid day off is determined as follows:
b1) Daytime wage on a normal working day, calculated at least 100% of the hourly wage actually paid for the job being done on a normal working day in case the employee does not work overtime daytime hours of that day (before overtime at night); at least equal to 150% of the hourly wages actually paid for the job being done on a normal working day in case the employee works overtime during the day of that day (before working overtime at night). ;
b2) Daytime wages on weekly rest days, calculated at least 200% of the actual hourly wages paid for the work being performed on a normal working day;
b3) Daytime hourly wages of public holidays, New Year’s Days and paid holidays are calculated at least 300% of the actual hourly wages paid for the work being done on a normal working day.
– For employees who are paid by product, overtime pay at night is calculated as follows:
Overtime pay at night = Unit price of product salary of normal working day x Minimum rate of 150% or 200% or 300% + Unit price of product salary of normal working day x Minimum rate 30% + 20% x Unit price of product wages during the day of a normal working day or of a weekly rest day or of a public holiday, New Year, or paid holiday x Number of products worked overtime at night
In which, the product salary unit price during the day of a normal working day or of a weekly rest day or of a public holiday, New Year, or paid day off is determined as follows:
a) The unit price of product wages during the day of a normal working day, which is calculated at least 100% of the unit price of the product salary of a normal working day, in case the employee does not work overtime; during the day of that day (before overtime at night); at least equal to 150% of the product wage unit price of the normal working day in case the employee works overtime during the day of that day (before working overtime at night);
b) The unit price of the product salary during the day of the weekly rest day, calculated at least 200% of the unit price of the product salary of the normal working day;
c) The unit price of product wages during the day of public holidays, New Year’s Day and paid holidays, is calculated at least 300% of the product salary unit price of the normal working day.
Employees who work at night are entitled to rest breaks and shift breaks
According to the Labor Code, employees need to rest to ensure their health and quality of work. According to Article 109 and Article 110 of the Labor Code, this provision is as follows:
– Employees who work at night are entitled to at least 45 consecutive minutes of rest between hours.
In case the employee works in a continuous shift of 06 hours or more, the break between hours is counted in the working hours.
– In addition to the rest period specified in Clause 1 of this Article, the employer shall arrange breaks for the employee and record them in the labor regulations.
-Employees working in shifts are entitled to at least 12 hours off before moving to another shift.
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Frequently asked questions
According to Clauses 1 and 2, Article 98 of the Labor Code:
Employees who work overtime are paid according to the salary unit price or the actual salary paid according to the work they are doing as follows:
a) On weekdays, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays, New Year’s Day and days off with pay, at least equal to 300%, excluding the salary for holidays, New Year’s Day and paid holidays for employees receiving daily salary.
Employees who work at night shall be paid at least 30% of the salary calculated according to the salary unit price or the actual salary paid according to the work of the normal working day.
Accordingly, if you work at night during a holiday, you will receive 430% of your salary.
According to Point d, Clause 2, Article 29 of Decree 12/2022/ND-CP stipulating:
A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the employer who commits one of the following acts:
d) Employing people under the age of 15 to work overtime or work at night;
Accordingly, if enterprises employ people under 15 years old to work at night, they will be fined from VND 20,000,000 to VND 25,000,000.
According to Clause 1, Article 137 of the Labor Code:
Employers are not allowed to employ employees to work at night, work overtime and go on a business trip in the following cases:
a) Pregnant from the 7th month or from the 6th month if working in highland, deep-lying, remote, border or island areas;
b) They are raising children under 12 months old, unless otherwise agreed by the employee.”
Accordingly, pregnant female employees are still allowed to work at night when they are under 7 months pregnant, under 6 months in case of working in highland, remote, border and island areas.
What is the penalty for enterprises employing workers under 15 years old to work at night?
According to Point d, Clause 2, Article 29 of Decree 12/2022/ND-CP stipulating:
A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on the employer who commits one of the following acts:
d) Employing people under the age of 15 to work overtime or work at night;
Accordingly, if enterprises employ people under 15 years old to work at night, they will be fined from VND 20,000,000 to VND 25,000,000.
Conclusion: So the above is Night working hours regulations in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
