Working time after training is one of the most concerning issues for new graduates today. And the Labor Law clearly stipulates the working time after training. To dig deeper into this, today, LSX Lawfirm will give you an article about “What is the Vietnamese law on working time after training?“, as follows:
Legal grounds
- Labor Law 2019
Normal working time of employees
According to Article 104 of the 2019 Labor Law, the normal working hours are as follows:
- Normal working hours do not exceed 08 hours in a day and 48 hours in a week.
- Employers have the right to prescribe hours, days, or weeks of work; In the case of a week, the normal working time shall not exceed 10 hours in a day, but not more than 48 hours in a week.
The state encourages employers to implement a 40-hour work week.
- Working time must not exceed 06 hours in 01 day for those who do particularly heavy, hazardous, and dangerous jobs according to the list presided over by the Ministry of Labor, War Invalids, and Social Affairs in coordination with the Ministry. Health issued”.
Regulations on overtime hours
An employer may only require an employee to work overtime with the employee’s consent. Overtime hours must comply with the following regulations:
“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) Must obtain the consent of the employee;
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 days; no more than 40 hours in 01 months;
c) Ensure that the number of overtime hours of employees does not exceed 200 hours in 01 years, except for the case specified in Clause 3 of this Article.
In addition
- Employers may employ employees to work overtime for no more than 300 hours in a year in a number of industries, occupations, jobs, or in the following cases:
a) Producing, processing for export of textile, garment, leather, shoe, electrical and electronic products, processing of agriculture, forestry, salt production, and aquatic products;
b) Production, supply of electricity, telecommunications, oil refining; water supply and drainage;
c) In case of solving jobs that require highly qualified professional and technical workers, but the labor market cannot supply them adequately and in a timely manner;
d) 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 deal with problems arising due to unforeseen objective factors, consequences, consequences of weather, natural disasters, fires, enemy sabotage, electricity shortages, shortages of raw materials, technical problems of production lines;
d) Other cases prescribed by the Government.
- When organizing overtime work as prescribed in Clause 3 of this Article, the employer must notify in writing the specialized labor agency affiliated with the provincial People’s Committee.
- The Government shall detail this Article.”
Training contract regulations
When enterprises organize professional training and retraining for employees (employees) who are working; or, if there is an activity of recruiting people for training or vocational training (hereinafter referred to as training activities) to work for them, the parties need to enter into a training contract. The training activity here is the use of the enterprise’s own funds (including the funds sponsored by the partner for the employer) to directly or organize training for the employees working for them. , for those who will work for themselves; and not for the purpose of making a profit from such activities. If this training does not come from the purpose of letting the trained person work for the enterprise; or, if tuition fees are collected, the enterprise will have to register for a vocational training business.
– When conducting training activities for employees, according to the provisions of Article 62 of the Labor Code (Labour Code) 2012:
The two parties must sign a vocational training contract in case the employee is trained, improved professional skills, and re-trained at home or abroad from the employer’s budget, including expenses sponsored by the partner for the employer.
The vocational training contract must be made in 02 copies, each party keeps 01 copy.
A vocational training contract must contain the following principal contents.
a) Training occupation.
b) Training location, training duration.
c) Training expenses;
d) The term the employee commits to work for the employer after being trained;
đ) Responsibility for reimbursement of training expenses;
e) Responsibilities of the employer.
Not working on time committed to pay training costs?
According to the provisions of Clause 2, Article 61 of the Law on Vocational Education 2014:
Graduates of training courses are offered employer scholarships. And training expenses must work for the employer according to the term committed in the training contract.
In case of failure to comply with commitments, scholarships and training costs must be refunded.
As can be seen, this regulation has clearly stated the responsibility of the employee. In case of failure to fulfill the commitment to work for the employer after being sent for training.
In addition, also related to training costs, Article 43 of the 2012 Labor Code states that. When unilaterally terminating a labor contract illegally, one of the obligations the employee must perform is:
Reimbursement of training costs to employers.
In, Clause 3, Article 62 of this Code clearly explains, that training costs include:
Expenses with valid vouchers on expenses paid to teachers, learning materials, schools, classes, machines, equipment, and practice materials;
– Other expenses to support learners;
– Salaries, social insurance, and health insurance premiums for learners during their schooling;
– Travel expenses, living expenses while abroad if employees are sent abroad for training.
It can be seen that the law only sets forth the responsibility to reimburse training costs. When the employee does not work on time as committed in the training contract or unilaterally terminates the labor contract illegally without mentioning the case of termination of labor contracts in accordance with the law.
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Related questions
According to the provisions of Point d, Clause 2, Article 62 of the Labor Code 2019, in the labor contract, there is a content of the term that the employee commits to work for the employer after being trained. A contract is a binding agreement between the parties, so the parties must comply.
According to the provisions of Clauses 7 and 8, Article 3, Section 1, Chapter II of Decree No. 45/2013/ND-CP, the time for study and training on occupational safety and health, Time for meetings and lessons training and training at the request of the employer or agreed by the employer of the law on unions is counted in the hours worked for pay.
It can be seen that the term of commitment to work after training and the responsibility to pay the training fee are mandatory contents of the vocational training contract. Therefore, when sending employees to vocational training, employers have the right to require employees to commit to long-term work after being trained. In this case, if the employee violates the commitment on working time, he will have to compensate for the cost of vocational training.
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