What are the new regulations on the maximum overtime hours for employees according to Official Letter 4359/TLD-QHLD guiding Resolution 17 in Vietnam?
What are the notes on working hours of the employees in Vietnam?
According to Official Letter 4359/TLD-QHLD in 2022, directing trade unions at all levels to coordinate with the Labor - Invalids and Social Affairs sector and relevant agencies to propagate and disseminate information to union members and employees to understand correctly content and spirit of the Resolution, in which, note the following contents:
- Employees are allowed to work a maximum of 300 hours in 01 year in the cases specified in Clause 1, Article 1 of the Resolution and Clause 3, Article 107 of the Labor Code 2019.
- All cases of working overtime up to 300 hours in 01 year are entitled to work overtime from over 40 hours to 60 hours in 01 month from April 1, 2022.
- When organizing overtime work under the Resolution, the enterprises still has to fully comply with other regulations on overtime in the Labor Code 2019 and guiding documents of the Labor Code (regulations on limit overtime hours in a day, the salary to be paid when working overtime; the content of the consent of the employees to participate in overtime; notice when the organization works overtime for more than 200 hours in 01 year... ).
- When organizing overtime work from over 200 hours to 300 hours in 01 year as prescribed in Clause 1, Article 1 of the Resolution, the employer must notify the local state management agency in charge of labor in accordance with regulations. The provisions of Clause 4, Article 107 of the Labor Code and Article 62 of Decree 145/2020/ND implement a number of articles of the Labor Code 2019 on labor conditions and labor relations.
- Resolution 17/2022/UBTVQH15 was formulated and promulgated based on Resolution 30/2001/QH15 dated July 28, 2021, at the first session of the 15th National Assembly. Therefore, the provisions of the Resolution will be implemented until the end of December 31, 2022, unless the National Assembly decides to extend the implementation time.
What are the new regulations on the maximum overtime hours for employees according to Official Letter 4359/TLD-QHLD guiding Resolution 17 in Vietnam?
What is the supervision and inspection of the law provisions on overtime hours in Vietnam?
According to Official Letter 4359/TLD-QHLD in 2022, directing as follows:
- Strengthen supervision, participate in inspection and examination of the implementation of the provisions of the law on working time and rest time, in which, pay attention to monitor the payment of hourly wages; ensure adequate processes to manage risks that may arise from overtime; monitor of workers' health manifestations during overtime; collect opinions of employees when working overtime...
What are the propositions for the employer about working overtime to ensure the interests of employees in Vietnam?
According to Official Letter 4359/TLD-QHLD in 2022, it is proposed that employers implement a number of contents to ensure the interests of employees:
To guide and orient labor unions at all levels (especially grassroots labor unions) on some contents of dialogue and negotiation with employers when organizing overtime, specifically as follows:
- Article 98 of the Labor Code stipulates that overtime wages, night shifts are the minimum level that must be ensured when organizing overtime work, so the grassroots labor union should negotiate with the employers to raise overtime wages higher than this minimum or higher than the current salaries to motivate, encourage and ensure the interests of employees,
- If the overtime shift is more than 3 hours, in addition to the regulation on the break time between shifts, it is suggested that the employer should arrange a break of at least 10 minutes every 90 minutes of overtime work for employees working on continuous production lines.
- Propose and negotiate with enterprises to provide a meal with sufficient quality, nutritional balance, food safety and hygiene with a meal value equal to or higher than the level specified in clause 1 of Article 5 of Conclusion 03/KLBCH dated January 18, 2022 of the Executive Board of the General Confederation of Labor on continuing to implement Resolution No. 7c/NQ-BCH of February 25, 201 of the Executive Board of the Vietnam General Confederation of Labor on “Quality of shift meals of employees”.
- Propose additional meals and snacks for employees after finishing overtime to recover their health.
- Propose enterprises to support deposit payments for employees, especially employees with children under 6 years old.
- Strengthen the ventilation and lighting system according to the standards (reducing the temperature of the production area in the summer by increasing the cooling fans, increasing the ventilation level in the factory, ensuring the illuminance of the factory in accordance with standards and technical regulations).
- Maintain equipment, machinery and tools regularly to minimize incidents during work.
Thus, in the spirit of Resolution 17/2022/UBTVQH15, Official Letter 4359/TLD-QHLD guiding the Resolution on regulations on the maximum number of overtime hours for employees as above.
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