Workers Are Paid How Many Times Higher for Overtime Work Compared to Normal Working Hours?
How is the normal working time of employees regulated?
According to the provisions in Article 105 of the Labor Code 2019, the normal working hours are regulated as follows:
- The normal working hours should not exceed 08 hours per day and not exceed 48 hours per week.
- The employer has the right to stipulate working hours by day or by week but must notify the employee; in case of weekly regulation, the normal working hours should not exceed 10 hours per day and not exceed 48 hours per week.
The state encourages employers to implement a 40-hour workweek for employees.
- The employer is responsible for ensuring the limitation of working time exposed to hazardous elements, deleterious elements in accordance with national technical standards and relevant laws.
How many times higher is overtime pay for employees compared to normal working hours?
How is the overtime working time of employees regulated?
According to the provisions in Article 107 of the Labor Code 2019, overtime work is regulated as follows:
- Overtime is the amount of time worked outside of the normal working hours as prescribed by law, collective labor agreement, or internal labor regulations.
- Employers may use employees for overtime when the following conditions are met:
+ Must have the employee's consent;
+ Ensure that the employee's overtime does not exceed 50% of the normal working hours per day; in case of complying with the normal weekly working hours regulation, the total normal working hours and overtime should not exceed 12 hours per day, and not exceed 40 hours per month;
+ Ensure that the employee's total overtime does not exceed 200 hours per year, except for the cases stipulated in clause 3 of this Article.
- Employers may use employees for up to 300 hours of overtime per year in certain industries, jobs, or cases as follows:
+ Production and export processing of textile, garment, leather, footwear, electrical, electronic products, agricultural, forestry, salt production, aquaculture, and seafood processing;
+ Production and supply of electricity, telecommunications, oil refining; water supply and drainage;
+ Cases requiring immediate attention due to the seasonal nature of raw materials, products, or to handle urgent tasks that arise from unanticipated objective factors, due to weather, natural disasters, fires, enemy destruction, power interruption, raw material shortages, technical failures of production lines;
- When organizing overtime according to clause 3 of this Article, employers must notify in writing the competent labor authority at the provincial People's Committee.
- The Government of Vietnam details this Article.
Under normal working conditions, employees will work 8 hours a day. The law only allows working overtime for up to 50% of the normal working hours. Therefore, under normal conditions, employees can work an additional 4 hours per day, except in special overtime cases.
How many times higher is overtime pay for employees compared to normal working hours?
According to Article 98 of the Labor Code 2019, the overtime pay is regulated as follows:
- Employees who work overtime are paid according to the unit price of the salary or the actual salary for their current job as follows:
+ On regular days, at least 150%;
+ On weekly rest days, at least 200%;
+ On public holidays, Tet, and paid leave days, at least 300% not including the salary for the public holidays, Tet, and paid leave days for employees receiving daily wages.
- Employees working at night shall be paid an additional amount of at least 30% of the salary calculated based on the unit price of the salary or the actual salary paid for the regular working day.
- Employees working overtime at night shall, in addition to the salary prescribed in clause 1 and clause 2 of this Article, be paid an additional 20% of the salary calculated based on the unit price of the salary or the actual salary paid for the daytime job on a regular working day, day off, or public holiday.
Thus, for each overtime hour, employees are paid a salary of at least 1.5 to 3 times higher depending on the working day.
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