Hanoi: Guidance on the implementation of regulations on the number of overtime hours in 01 year, 01 month of employees?

Main Content

• Organize propaganda and disseminate to grassroots trade unions and union members and employees the contents of Resolution No. 17/2022/UBTVQH15 in Hanoi
• Increasing the monthly and yearly overtime frame for employees according to Resolution 17/2022/UBTVQH15 in Hanoi
• Directing and guiding grassroots trade unions to monitor the implementation of Resolution 17/2022/UBTVQH15 in Hanoi

Organize propaganda and disseminate to grassroots trade unions and union members and employees the contents of Resolution No. 17/2022/UBTVQH15 in Hanoi

According to the provisions of Section 1 of Official Dispatch 304/LDLD Hanoi in 2022 implementing Resolution 17/2022/UBTVQH15 stipulating the organization of propaganda and dissemination to grassroots trade unions and union members and employees, specifically as follows: :

(1) Organize propaganda and disseminate to grassroots trade unions and union members and employees the contents of Resolution No. 17/2022/UBTVQH15 of the National Assembly Standing Committee; Participating in delegations to inspect and examine overtime work of units and enterprises in the area under their management according to the provisions of law, in which note a number of contents:

- The cases where the employer is allowed to use the employee to work overtime for a maximum of 300 hours in 01 year are the cases specified in Clause 1, Article 1 of the Resolution and Clause 3, Article 107 of the Labor Code 2019.

- All cases of working overtime up to 300 hours in 01 year are allowed to work from over 40 hours to 60 hours in 01 month from April 1, 2022.

- When the organization performs overtime according to the provisions of the Resolution, it must absolutely comply with the regulations on occupational safety and health in accordance with the provisions of the Law on Occupational Safety and Health and still have to fully comply with it. other regulations on overtime working in the Labor Code 2019 and guiding documents on the Law's implementation (stipulations on the limit on the number of overtime hours in a day: Wages to be paid to employees when working overtime; content about the consent of employees to participate in overtime: Notice when overtime work is over 200 hours in 01 year...).

- When organizing overtime work from over 200 hours to 300 hours in 01 year according to the provisions of the Resolution, the employer must notify the Hanoi Department of Labor, War Invalids and Social Affairs in accordance with the provisions of this Decree. Clause 4, Article 107 of the Labor Code 2019.

Hanoi: Guidance on the implementation of regulations on the number of overtime hours in 01 year, 01 month of employees?

Increasing the monthly and yearly overtime frame for employees according to Resolution 17/2022/UBTVQH15 in Hanoi

In Section 2 of Official Letter 304/LDLD Hanoi in 2022 implementing Resolution 17/2022/UBTVQH15 on increasing the monthly and yearly overtime bracket for employees, specifically as follows:

The provisions of the Resolution on increasing the monthly and yearly overtime bracket for employees are only applied until the end of December 31, 2022, unless the National Assembly extends the implementation time.

Directing and guiding grassroots trade unions to monitor the implementation of Resolution 17/2022/UBTVQH15 in Hanoi

For information on directing and guiding grassroots trade unions to supervise the implementation of Resolution 17/2022/UBTVQH15, in Section 3 of Official Dispatch 304/LDLD Hanoi in 2022 to implement Resolution 17/2022/UBTVQH15 providing determined as follows:

Directing and guiding grassroots trade unions to supervise the implementation of the Resolution to protect the interests of employees collective labor agreement. In particular, note the contents of dialogue and negotiation related to the organization of overtime such as:

- Negotiate an overtime salary paid to employees higher than the rate for overtime work, working at night as prescribed in Article 98 of the Labor Code or higher than the rate currently being paid by enterprises, in order to motivate and better ensure the rights of workers.

- If the overtime in a shift is more than 3 hours, in addition to the regulations on the break in between shifts, it is recommended that the employer send after 90 minutes of working overtime, a break of at least 10 minutes is arranged, especially for those who work overtime. with employees working in continuous production lines.

- Proposing, negotiating with enterprises to supplement snacks and snacks for employees after overtime work, Paying attention to providing meals of sufficient quality, food safety and hygiene at a reasonable price The value of shift meals is equal to or higher than the level specified in Conclusion No. 03/KL-BCH dated January 18, 2022 of the Vietnam General Confederation of Labor on continuing to implement Resolution 7c/NQ-BCH dated February 25, 2016 on “Quality of shift meals of workers”.

- Proposing businesses to support child care payments for employees, especially employees with children under 6 years old.

During the implementation of the Resolution, trade unions at all levels must promptly grasp the thoughts and aspirations of employees; Timely settlement of arising problems, collective work stoppages, strikes related to overtime adjustment, contributing to ensuring the legitimate rights and interests of employees.

Here is some of the information we provide to you. Best regards!