Many workers now have to work at night due to various reasons of their jobs’ nature. Do people working at night get extra salary? How to calculate night work salary? How does the law regulate the night working regime? In this article, LSX legal firm will provide you with: “Regulations on working time at night in Vietnam”
Legal ground
- Labor Code 2019
Regulations on working time at night
According to Article 106 of the Labor Code 2019, night working hours calculated from 10 pm to 6 am the next day.
The Labor Code 2019 clearly states that employees normally work no more than 08 hours a day and no more than 48 hours a week. For employees working at night, Clause 1, Article 109 of the Labor Code 2019 stipulates that they have at least 45 consecutive minutes of rest between hours.
For employees who work at night in a continuous shift of 06 hours or more, the time off between hours will be counted into the working time. That means, for employees working on night shifts of less than 6 hours, the break time not counted as working hours.
Do you get paid when working at night?
Article 98 of the Labor Code 2019 stipulates the salary for working at night as follows:
“Article 98. Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) 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.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend, or public holiday.
4. The Government shall elaborate this Article.”
Thus, when employees work at night, they will get paid for at least 30% of the salary calculated according to the salary unit price or the salary of the normal working day.
How to calculate salary for working at night according to regulations in 2022
Decree 145/2020/ND-CP stipulates the salary calculation formula of night work pay and night overtime pay as follows:
Night work pay
Night work pay prescribed in Clause 2 Article 98 of the Labor Code is elaborated as follows:
1. Night work pay for employees receiving time-based salaries:
| Night work pay | = | Normal hourly salary | + | Normal hourly salary | x | At least 30% | x | Night work hours |
Hourly salary in a normal working day (hereinafter referred to as “normal hourly salary”) means the actual salary of the work in the month or week in which the employee works overtime (excluding overtime pay, night work pay, salary of public holidays and paid leave prescribed by the Labor Code; bonuses prescribed in Article 104 of the Labor Code; rewards for innovation; mid-shift meal allowance, allowances for travel, communication, housing, daycare, infant care; financial assistance upon death or marriage of a family member, the employee’s birthday, occupational diseases, other allowances and benefits not relevant to the performance of the works or position specified in the employment contract) divided by the total number of working hours of the same month or week, which must not exceed the number of normal working days of a month and normal working hours of a day or a week as decided by the enterprise, excluding overtime hours;
2. Night work pay for employees receiving piece rate pay:
| Night work pay | = | Normal piece rate | + | Normal piece rate | x | At least 30% | x | Night work hours |
Night overtime pay
Employees who work overtime at night as prescribed in Clause 3 Article 98 of the Labor Code will receive overtime pay as follows:
For employees receiving time-based salaries
| Night overtime pay | = | Normal hourly salary | x | At least 150% or 200% or 300% | + | Normal hourly salary | x | At least 30% | + | 20% | x | Daytime hourly salary of a normal working day, during weekly breaks, public holidays or paid leave | x | Extra night work hours |
Daytime hourly salary of a normal working day, during weekly breaks, public holiday or paid leave is determined as follows:
1) Daytime hourly salary of a normal working day shall be at least 100% of the normal hourly salary if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal hourly salary if the employee works overtime during the daytime of the same day (before the night work);
2) Daytime hourly salary during weekly breaks shall be at least 200% of the normal hourly salary;
3) Daytime hourly salary during public holidays or paid leave shall be at least 300% of the normal hourly salary.
For employees receiving piece rate pay
| Night overtime pay | = | Normal piece rate | x | At least 150% or 200% or 300% | + | Normal piece rate | x | At least 30% | + | 20% | x | Daytime piece rate of a normal working day, during weekly breaks, public holidays or paid leave | x | Quantity of extra products during night work |
Daytime piece rate of a normal working day, during weekly breaks, public holidays or paid leave is determined as follows:
1) Daytime piece rate of a normal working day shall be at least 100% of the normal piece rate if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal piece rate if the employee works overtime during the daytime of the same day (before the night work);
2) Daytime piece rate during weekly breaks shall be at least 200% of the normal piece rate;
3) Daytime piece rate during public holidays or paid leave shall be at least 300% of the normal piece rate.
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Related questions
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.
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.
Employers must not request minor employees to work overtime or at night. The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week.
Conclusion: So the above is Regulations on working time at night in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
