In what cases can enterprises assign employees to work overtime up to 300 hours/year in Vietnam?

According to Dispatch 1312/LDTBXH-ATLD dated April 26, 2022 of the Ministry of Labor, War Invalids and Social Affairs of Vietnam guiding the implementation of Resolution 17/2022/UBTVQH15 on the number of extra working hours in 01 year, in 01 month of employees in the context of COVID-19 epidemic, employers (or enterprises) may assign employees to work overtime for a maximum of 300 hours per year in the following cases:

In what cases can enterprises assign employees to work overtime up to 300 hours/year in Vietnam? (Illustration)

- Employers in Vietnam are permitted to assign their employees to work overtime for over 200 hours but not exceeding 300 hours per year if this is agreed upon by both the employer and the employees, except the following cases:

+ Employees aged between 15 and under 18;

+ Employees having mild disabilities with work capacity reduction of least 51% or employees with severe disabilities or extremely severe disabilities;

+ Employees doing arduous, hazardous, dangerous or extremely arduous, hazardous or dangerous works;

+ Female employees in their 7th month of pregnancy onward (or the 6th month of pregnancy onward in case they work in the highlands, remote areas, bordering areas or islands);

+ Female employees nursing children aged under 12 months.

(2)  An employer in Vietnam must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs and 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 of Vietnam

See Official Dispatch 1312/LDTBXH-ATLD dated April 26, 2022 for more information.

>> See more Guidance on the implementation of Resolution 17/2022/UBTVQH15 on increasing overtime



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