Can employees decline to work overtime? When do employees have the right to decline to work overtime in Vietnam?
Can employees decline to work overtime in Vietnam?
Pursuant to the provisions of Clause 1, Article 59 of Decree 145/2020/ND-CP regulating employees’ consent to overtime work as follows:
Employees’ consent to overtime work
1. Except for the cases specified in Article 108 of the Labor Code, the employer must obtain the employees’ consent to the following matters when organizing overtime work:
a) Overtime hours;
b) Overtime location;
c) Overtime works.
2. In case the employees’ consent is made into a separate document, refer to form No. 01/PLIV in Appendix IV hereof.
Thus, based on the above regulations, the employer must obtain the employees’ consent to the following matters when organizing overtime work. Therefore, employees can refuse to work overtime according to regulations except for the cases specified in Article 108 of the Labor Code 2019.
Can employees decline to work overtime? When do employees have the right to decline to work overtime in Vietnam? (Picture from internet)
When do employees have the right to decline to work overtime in Vietnam?
Pursuant to the provisions of Article 108 of the Labor Code 2019, regulations on overtime working in special cases are as follows:
Overtime working in special cases
In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of this Labor Code and the employee must not decline:
1. Execution of a conscription order for the purpose of national security or national defense as prescribed by law;
2. Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.
Thus, based on the above regulations, employees cannot decline to work overtime in the following cases:
- Execution of a conscription order for the purpose of national security or national defense as prescribed by law;
- Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.
What are the penalties imposed upon employers for hiring disabled employees to work overtime without the employees’ consent?
Pursuant to the provisions in Point b, Clause 1, Article 31 of Decree 12/2022/ND-CP stipulates as follows:
Violations against regulations on elderly employees and disabled employees
1. A fine ranging from VND 5.000.000 to VND 10.000.000 per employee shall be imposed upon an employer for commission of one of the following violations:
a) Failing to consult with disabled employees before deciding matters of relevance to their rights and interests;
b) Hiring a slightly disabled person who suffers from at least 51% work capacity reduction, or with severe or very severe disabilities to work overtime or work at night, unless otherwise agreed by the disabled employee.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for hiring elderly employees to perform arduous, hazardous and dangerous works or jobs, or extremely arduous, hazardous and dangerous works or jobs, which are harmful to their health, unless safe working conditions are ensured.
Clause 1, Article 6 of Decree 12/2022/ND-CP stipulates as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
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Thus, based on the above regulations, the act of employing a severely disabled employee to work overtime without the disabled person's consent will result in a fine of between VND 5,000,000 and VND 10,000,000. individual violator.
For violating organizations, the fine is twice that of individuals: 10,000,000 VND to 20,000,000 VND.
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