Vietnam: Can an employer require a female employee who is raising a child under 12 months of age to work overtime?
What is considered overtime work in Vietnam?
Pursuant to Clause 1, Article 107 of the 2019 Labor Code of Vietnam stipulating that overtime work in Vietnam is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer.
Pursuant to Article 105 of the 2019 Labor Code of Vietnam stipulating as follows:
Normal working hours in Vietnam
1. Normal working hours in Vietnam 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.
Thus, the normal working time of employees shall not exceed 08 hours per day or 48 hours per week.
At the same time, according to Article 109 of the 2019 Labor Code of Vietnam as follows:
Rest breaks during working hours
1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.
If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.
2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.
Thus, an employee who works for at least 06 hours per day under Article 105 of the 2019 Labor Code of Vietnam shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.
Therefore, the duration of overtime work is the working time outside the normal working hours mentioned above.
Vietnam: Can an employer require a female employee who is raising a child under 12 months of age to work overtime?
Can an employer require a female employee who is raising a child under 12 months of age to work overtime?
Pursuant to Clause 1, Article 137 of the 2019 Labor Code of Vietnam as follows:
Maternity protection
1. An employer must not require a female employee to work at night, work overtime or go on a long distance working trip in the following circumstances:
a) The employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;
b) The employee is raising a child under 12 months of age, unless otherwise agreed by her.
Thus, employers must not require female employees who are raising children under 12 months of age to work overtime, unless otherwise agreed by her.
Do employees get paid extra for working overtime?
According to the provisions of Article 98 of the 2019 Labor Code of Vietnam 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.
Thus, employees who work overtime will be paid as follows:
- On normal days: at least 150%;
- On weekly days off: at least 200%;
- 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.
In addition, an employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 Article 98 of the 2019 Labor Code of Vietnam, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.
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