Is it necessary to state working hours in the employment contracts in Vietnam?
Is it necessary to state working hours in the employment contracts in Vietnam?
Pursuant to the provisions of Clause 1, Article 21 of the Labor Code 2019, the regulations are as follows:
Contents of employment contracts
1. An employment contract shall have the following major contents:
a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
c) The job and workplace;
d) Duration of the employment contract;
dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
e) Regimes for promotion and pay rise;
g) Working hours, rest periods;
h) Personal protective equipment for the employee;
i) Social insurance, health insurance and unemployment insurance;
k) Basic training and advanced training, occupational skill development.
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Thus, according to the above regulations, working hours are one of the contents that must be included in the employment contract.
Is it necessary to state working hours in the employment contracts in Vietnam? (Picture from internet)
What are the penalties for failing to state working hours in the employment contracts in Vietnam?
Pursuant to the provisions of Clause 1, Article 9, Decree 12/2022/ND-CP stipulates as follows:
Violations against regulations on conclusion of employment contracts
1. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to enter into written employment contracts with employees who do jobs with a term of full 01 month or longer; failing to enter into a written employment contract with the authorized representative of the group of employees aged 18 or older to do seasonal works or certain jobs with a term of less than 12 months as prescribed in Clause 2 Article 18 of the Labour Code; failing to enter into the right type of employment contract with employees; entering into employment contracts that do not contain primary information as prescribed by law:
a) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed if the violation involves 301 employees or more.
Thus, based on the above regulations, depending on the number of employees, if the employment contract does not stipulate working hours, the employer will be fined as follows:
- A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 01 - 10 employees;
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 11 - 50 employees;
- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 51 - 100 employees;
- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 101 - 300 employees;
- A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed if the violation involves 301 employees or more.
*Note: The fines specified above are only fines for individuals. The fine for organizations will be 2 times the fine for individuals.
What are the normal working hours for employees in Vietnam?
Pursuant to the provisions of Article 105 of the Labor Code 2019, the regulations are as follows:
Normal working hours
1. Normal working hours shall not exceed 08 hours per day or 48 hours per week.
2. An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.
The State encourages employers to apply 40-hour workweeks.
3. Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.
Article 60 of Decree 145/2020/ND-CP stipulates as follows:
Overtime limits
1. The total overtime must not exceed 50% of normal working hours in 01 day if the overtime occurs within a normal working day, except for the cases specified in Clause 2 and Clause 3 of this Article.
2. In case the employer has regulations on weekly normal working hours, the normal working hours plus overtime must not exceed 12 hours in 01 day.
3. In case of part-time employment prescribed in Article 32 of the Labor Code, the normal working hours plus overtime hours must not exceed 12 hours in 01 day.
4. The total overtime hours must not exceed 12 hours a day during public holidays and weekly days off.
5. The periods specified in Clause 1 Article 58 are deductible when calculating the total overtime hours in the month or year for determination of conformity prescribed in Point b and Point c Clause 2 Article 107 of the Labor Code.
Thus, based on the above regulations, the overtime limits for employees are determined as follows:
- The total overtime must not exceed 50% of normal working hours in 01 day if the overtime occurs within a normal working day. Therefore, overtime cannot exceed 4 hours in a day.
- In case the employer has regulations on weekly normal working hours, the normal working hours plus overtime must not exceed 12 hours in 01 day. Therefore, employees are only allowed to work overtime for no more than 2 hours in a day in this case.
- In case of part-time employment, the normal working hours plus overtime hours must not exceed 12 hours in 01 day.
- The total overtime hours must not exceed 12 hours a day during public holidays and weekly days off.
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