Hello Lawyer, I am 23 years old and currently working as a worker in a small factory. Due to the nature of the work, our workers often have to work overtime and overtime. Some weeks we are required to work overtime all week. However, the salary we receive is only equal to normal hourly wages. I want to ask the lawyer how is the employee’s overtime salary regulated? Is the factory paying us so right or wrong?
I sincerely thank!
Currently, the situation of overtime working employees is quite common. That is why the regulations surrounding this issue are of great interest to many people. In particular, how are the overtime wages for workers in Vietnam regulated? Let’s answer with Lawyer X right here:
Legal grounds
Labor Code 2019
What is overtime?
Overtime is a period of working time outside the normal working hours specified in the law, the collective labor agreement or the labor regulations. When the employer arranges and arranges employees to work overtime, they must ensure that they meet the conditions of the labor law such as having the consent of the employee, ensuring the maximum number of overtime hours. in a day, in a month, in a year,…
The guarantee of working time in general and overtime in particular is particularly important for employees; because it is the basis of health protection for workers; at the same time avoid abuse by the employer; contribute to creating conditions for employees to reproduce labor power in the working process.
Regulations on overtime according to Vietnam Labor Code?
Article 107 of the Labor Code 2019 has the following provisions:
“Article 107. Overtime work
- Overtime is the period of working outside the normal working hours as prescribed by law, collective labor agreement or labor regulations.
- Employers may use employees to work overtime when fully meeting the following requirements:
a) The employee’s consent is required;
b) 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 of normal working hours by 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;
c) Ensure that the number of overtime hours of employees does not exceed 200 hours in 01 year; except for the case specified in Clause 3 of this Article.
…
- When organizing overtime as prescribed in Clause 3 of this Article; The employer must notify in writing the specialized labor agency under the provincial People’s Committee.
- The Government shall detail this Article”.
Principles of paying employees according to regulations?
Additional regulations that employers are not allowed to:
- Restricting or interfering with the employee’s right to self-determination of salary expenditure;
- Forcing employees to spend their salaries on the purchase of goods and use of services by the employer; or of another entity designated by the employer.
(According to Clause 2, Article 94 of the Labor Code 2019)
Employees are entitled to receive a salary statement each time they receive their salary, clearly stating their salary, overtime pay, nighttime salary, content and amount of deduction (if any). This is a new point in Clause 3, Article 95 of the Labor Code 2019, not yet in the 2012 Labor Law.
The employee is compensated with an amount at least equal to the interest of the late payment amount calculated at the interest rate on mobilizing deposits with a term of 1 month, which is issued by the bank where the employer opens the account to pay wages to the employee. The employee shall announce at the time of salary payment if his/her salary is delayed for 15 days or more as prescribed in Clause 4, Article 97 of the Labor Code 2019.
The employee does not have to pay an account opening fee if the salary is paid via a bank (currently according to the provisions of Clause 2, Article 94 of the Labor Code 2012, the two parties agree).
Overtime pay according to Vietnamese law?
Article 98 of the Labor Code 2019 provides for overtime pay as follows:
- Employees who work overtime are paid according to the wage unit price; or the actual salary paid according to the work being done as follows:
a) On weekdays, at least 150%;
b) On weekly rest days, at least 200%;
c) On public holidays, New Year’s Day, paid holidays; at least equal to 300% excluding wages on holidays and New Year’s Eve; days off with pay for employees receiving daily wages.
- 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.
- Employees who work overtime at night shall, in addition to paying wages as prescribed in Clauses 1 and 2 of this Article; employees are also paid an additional 20% of the salary calculated according to the salary unit price; or wages for daytime work on a normal working day; or of a weekly holiday or of a public holiday or New Year.
- The Government shall detail this Article”.
Thus, the case that your company pays you overtime equal to your regular hourly rate is wrong.
When an employee stops working, will they be paid?
According to Article 99 of the Labor Code 2019 as follows:
“Article 99. Wages for cessation of work
In case of having to stop working, the employee shall be paid as follows:
- If it is the fault of the employer, the employee shall be paid the full salary according to the labor contract;
- If it is the employee’s fault, that person will not be paid; other employees in the same unit who have to stop working shall be paid at the rate agreed upon by the two parties; but not less than the minimum wage;
- If there is an electricity or water problem that is not due to the fault of the employer or due to natural disasters; fires, dangerous epidemics, enemy sabotage, relocation of operation locations; at the request of a competent state agency; or for economic reasons, the two parties shall agree on the salary to stop working as follows:
a) In case of cessation of work for 14 working days or less, the agreed-upon stoppage salary shall not be lower than the minimum wage;
b) In case of having to stop working for more than 14 working days, the salary for stopping work shall be agreed upon by the two parties but must ensure that the salary for stopping work in the first 14 days is not lower than the minimum salary.
Thus, if an employee stops working in the cases specified in this Law, he/she will still be paid the severance pay.
Related articles:
- In Vietnam, are employers allowed to enter into labor contracts with 15-year-olds?
- Change the type of labor contract in Vietnam
- Rights of employees when unilaterally terminating the labor contract
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Frequently asked questions
The employer must give the employee a salary advance corresponding to the number of days the employee is temporarily absent from work to perform his/her civic duty for 01 week or more, but not exceeding 01 month’s salary according to the contract. the employee and the employee must return the advance amount.
When taking annual leave, employees are entitled to an advance at least equal to the salary of the days off.
The employer may only deduct the employee’s salary to compensate for damage caused by damaging the tools, equipment and property of the employer (as provided for in Article 129 of the Labor Code). 2019).
The monthly salary deduction must not exceed 30% of the employee’s monthly salary after deduction of compulsory social insurance, health insurance, unemployment insurance, and personal income tax.
Conclusion: So the above is Regulations on overtime wages for workers in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
