Guidance on the implementation of Resolution 17/2022/UBTVQH15 on increasing overtime hours in Vietnam

The Ministry of Labor, War Invalids and Social Affairs of Vietnam issued Dispatch 1312/LDTBXH-ATLD on instructions for the implementation of Resolution 17/2022/UBTVQH15.

Guidance on the implementation of Resolution 17/2022/UBTVQH15 on increasing overtime hours in Vietnam (Illustration)

Accordingly, the Ministry of Labor, War Invalids and Social Affairs of Vietnam requested the Departments of Labor, War Invalids and Social Affairs of provinces and cities in Vietnam to take charge and cooperate with provincial Confederation of Labor and relevant authorities in disseminating and guiding the implementation of the Resolution in their provinces. Some notable contents:

(1) Cases where employers are allowed to use employees to work overtime for a maximum of 300 hours in 01 year

Cases where an employer is allowed to use employees to work overtime for up to 300 hours in a year include:

- Employers 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.

- An employer may request an employee to work overtime but not 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.

(2) All employees who are permitted to work overtime for up to 300 hours per year are also permitted to work overtime for more than 40 hours but not exceeding 60 hours per month from April 01, 2022.

(3) When an organization overtime hours under Resolution 17/2022/UBTVQH15, it still need to follow other regulations on overtime work in Vietnam's Labor Code and guiding documents of the Labor Code as follows:

+ Regulations on daily overtime hour limit;

+ Overtime pay;

+ Employees’ consent to work overtime;

+ Notification when organizing more than 200 hours of overtime work per year;

(4) When organizing overtime work from over 200 hours to 300 hours in a year, the employer must send a written notification to the Department of Labor, War Invalids and Social Affairs as prescribed in Article 62 of Decree 145/ 2020/ND-CP.

(5) The provisions of Resolution 17/2022/UBTVQH15 shall be implemented until the end of December 31, 2022, unless the National Assembly of Vietnam decides to extend the implementation period.

Official Dispatch 1312/LDTBXH-ATLD was issued on April 26, 2022.

Bao Ngoc

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