Requirements for Overtime Employment of Workers Aged 15 to Under 18
Requirements for Employing Workers Aged 15 to Under 18 for Overtime Work
Based on Article 107 of the 2019 Labor Code, the regulations are as follows:
Overtime Work
1. Overtime is the period of work beyond the normal working hours as prescribed by law, collective labor agreement, or internal labor regulations.
2. An employer may use workers for overtime work when fulfilling all of the following requirements:
a) With the worker’s consent;
b) Ensuring that the overtime hours do not exceed 50% of the normal working hours in one day; in cases where the normal working hours per week are applied, the total normal working hours and overtime must not exceed 12 hours in one day and 40 hours in one month;
c) Ensuring that overtime hours do not exceed 200 hours in one year, except as prescribed in Clause 3 of this Article.
3. An employer may use workers for up to 300 hours of overtime in one year in certain industries, trades, or specific cases as follows:
a) Production, processing, and export of textile, garment, leather, footwear, electrical, electronic products, processing of agricultural, forestry, salt production, and aquatic products;
b) Production, supply of electricity, telecommunications, oil refining; water supply, and drainage;
c) Cases requiring trained workers where the labor market does not sufficiently and promptly provide;
d) Urgent cases that cannot be postponed due to seasonal or time-sensitive work requirements of materials, products, or addressing issues arising from unforeseen objective factors, weather impacts, natural disasters, fire, enemy sabotage, power shortage, material shortage, technical line issues;
e) Other cases as prescribed by the Government of Vietnam.
4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer must notify in writing the labor specialized agency of the provincial People's Committee.
5. The Government of Vietnam shall detail this Article.
Employers using workers aged 15 to under 18 for overtime work must meet the following requirements:
- With the worker’s consent;- Ensuring that the overtime hours do not exceed 50% of the normal working hours in one day; in cases where the normal working hours per week are applied, the total normal working hours and overtime must not exceed 12 hours in one day and 40 hours in one month;- Ensuring that overtime hours do not exceed 200 hours in one year, except as prescribed in Clause 3 of this Article.
Requirements for Employing Workers Aged 15 to Under 18 for Overtime Work
What is the Start and End Time for Night Work?
According to Article 106 of the 2019 Labor Code, night work begins at 10 PM and ends at 6 AM.
Therefore, only labor performed within this timeframe qualifies for night work wage calculations.
Which Jobs and Workplaces Are Prohibited for Workers Aged 15 to Under 18?
Based on Article 147 of the 2019 Labor Code, the regulations are as follows:
Prohibited Jobs and Workplaces for Workers Aged 15 to Under 18
1. It is prohibited to employ workers aged 15 to under 18 in the following jobs:
a) Carrying, lifting, and transporting heavy objects beyond the physical capacity of minors;
b) Production, business, or trade of alcohol, beer, tobacco, psychedelics, or other addictive substances;
c) Production, use, or transportation of chemicals, gas, explosives;
d) Maintenance, servicing of machinery, and equipment;
e) Demolition of construction works;
f) Melting, blowing, casting, rolling, pressing, welding metals;
g) Deep-sea diving, off-shore fishing;
h) Other jobs that harm the physical, intellectual, and character development of minors.
2. It is prohibited to employ workers aged 15 to under 18 in the following workplaces:
a) Underwater, underground, in caves, in tunnels;
b) Construction sites;
c) Slaughterhouses;
d) Casinos, bars, discotheques, karaoke rooms, hotels, motels, massage parlors, and saunas; lottery points, electronic gaming services;
e) Other workplaces that harm the physical, intellectual, and character development of minors.
3. The Minister of Labor - Invalids and Social Affairs shall prescribe the list specified in points h and e of Clause 1 and Clause 2 of this Article.
Therefore, jobs and workplaces prohibited for workers aged 15 to under 18 are implemented according to the regulations mentioned above.
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