What is the fine imposed on employers failing to send a written notification of the organization of overtime working hours in excess of 200 to 300 hours in a year to the specialized authority in Vietnam?
What are the cases where employers in Vietnam may request employees to work overtime for up to 300 hours in one year?
According to Article 107 of the Labor Code 2019 on overtime work:
Overtime work
1. Overtime work 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.
2. An employer has the right to request an employee to work overtime when all of the following conditions are met:
a) The employee agrees to work overtime;
b) The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;
c) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.
3. An employer must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs and cases:
a) Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;
b) Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;
c) Works that require highly skilled workers that are not available on the labor market at the time;
d) Urgent works that cannot be delayed due to seasonal reasons or availability of materials or products, or due to unexpected causes, bad weather, natural disasters, fire, hostility, shortage of power or raw materials, or technical issue of the production line;
dd) Other cases prescribed by the Government.
4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer shall send a written notification to the provincial labor authority.
5. The Government shall elaborate this Article.
Thus, according to the regulations, employers can require employees to work overtime under no more than 300 hours in one year in the following cases:
- Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;
- Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;
- Works that require highly skilled workers that are not available on the labor market at the time;
- Urgent works that cannot be delayed due to seasonal reasons or availability of materials or products, or due to unexpected causes, bad weather, natural disasters, fire, hostility, shortage of power or raw materials, or technical issue of the production line;
- Other cases prescribed by the Government.
What is the fine imposed on employers failing to send a written notification of the organization of overtime working hours in excess of 200 to 300 hours in a year to the specialized authority in Vietnam? (Image from the Internet)
Will employers failing to send a written notification of the organization of overtime working hours in excess of 200 to 300 hours in a year to the specialized authority in Vietnam face fines?
According to Clause 1 Article 18 of Decree 12/2022/ND-CP, violations against regulations on working hours and rest periods are stipulated as follows:
Violations against regulations on working hours and rest periods
1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;
b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.
Thus, employers failing to send a written notification of the organization of overtime working hours in excess of 200 to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered may face an administrative fine of up to 5,000,000 VND.
The above fine is regulated for organizations, individuals are fined half of the amount for organizations.
What are the cases where an employer in Vietnam has the right to request any employee to work overtime on any day without limits on the overtime hours and the employee must not decline?
According to Article 108 of the Labor Code 2019 stipulating overtime in special cases:
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, 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 in the aforementioned cases.
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