Calculation of Overtime Pay for Employees

Everyone, may I ask if employees work an 8-hour shift from 19:30 to 7:30, is the night shift calculated from 22:00 to 6:00, and is the rest considered overtime during the night shift or day shift?

Article 105 of the 2012 Labor Code stipulates that nighttime working hours are calculated from 22:00 to 06:00 the following morning.

According to Article 97 of this Code:

  1. Employees who work overtime are paid wages calculated according to the unit price of wages or wages for the work being performed as follows:

a) On regular days, at least 150%;

b) On weekly rest days, at least 200%;

c) On public holidays and paid leave days, at least 300% not including wages for the public holidays and paid leave days for employees receiving daily wages.

  1. Employees who work at night are paid an additional amount of at least 30% of the wages calculated according to the unit price of wages or wages for the work of a normal working day.

  2. Employees who work overtime at night, in addition to the wages stipulated in Clause 1 and Clause 2 of this Article, are paid an additional 20% of the wages calculated according to the unit price of wages or wages for the daytime work.

Thus, according to the above regulations, overtime hours outside the timeframe from 22:00 to 06:00 will be calculated as daytime overtime.

Sincerely!

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