What are the regulations on overtime pay paid to employees? Shall all employees working overtime receive 300% of their salaries?
What are the regulations on overtime pay paid to employees in Vietnam?
Under Article 98 of the Labor Code 2019, the regulations are as follows:
Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
4. The Government shall elaborate this Article.
Employees who work overtime will be paid at least 150% of their salaries on normal days, at least 200% of their salaries on weekly days off, and at least 300% of their salaries on and on public holidays or paid leave.
An employee who works at night will be paid an additional amount of at least 30% of the normal salary and an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
Not all employees working overtime shall receive 300% of their salaries.
What are the regulations on overtime pay paid to employees? Shall all employees working overtime receive 300% of their salaries?
Is it mandatory to pay salaries in Vietnamese Dong?
Under Article 95 of the Labor Code 2019, the regulation is as follows:
Salary payment
1. The employer shall pay the employee on the basis of the agreed salary, productivity and work quality.
2. The salary written in the employment contract and the salary paid in reality shall be VND, unless the employee is a foreigner working in Vietnam.
3. Every time salary is paid, the employer shall provide the employee with a note specifying the salary, overtime pay, nightshift pay and deductions (if any).
Thus, salaries paid to employees must be in Vietnamese Dong. However, if the employee is a foreigner, his/hẻ salary can be paid in foreign currency.
What are the obligations of employees in Vietnam?
Under Article 5 of the Labor Code 2019, the regulations are as follows:
Rights and obligations of employees
1. An employee has the rights to:
a) work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;
b) receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;
c) establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
dd) unilaterally terminate the employment contract;
e) go on strike;
g) exercise other rights prescribed by law.
2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful agreements;
c) obey internal labor regulations, the lawful management, administration and supervision by the employer;
c) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
Employees have the following obligations:
- implement the employment contract, collective bargaining agreement and other lawful agreements;
- obey internal labor regulations, the lawful management, administration and supervision by the employer;
- implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
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