Is it permissible for employees to receive salary advances before the holiday of April 30th, 2024 in Vietnam?

Is it permissible for employees to receive salary advances before the holiday of April 30th, 2024 in Vietnam?

Pursuant to Article 101 of the Labor Code in 2019 stipulating salary advances:

Salary advances

1. An employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties.

2. The employer must make the advance payment to the employee for the number of days the employee temporarily leaves his/her work in order to perform duties of citizens for a period of 01 week or longer, but the advance shall not exceed 01 month’s salary. The employee must reimburse the advance.

An employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.

3. When taking annual leave, an employee shall receive an advance payment of at least salary for the entitled days of leave.

As regulated above, employees may receive salary advances before the holiday of April 30th, 2024 in Vietnam if they reach an agreement with their employees.

In case there is no agreement, employees are not permissible to receive salary advances before the holiday of April 30th, 2024 in Vietnam.

Is it permissible for employees to receive salary advances before the holiday of April 30th, 2024 in Vietnam? - image from internet

What is the duration of the normal working hours in a week of an employee in Vietnam?

Pursuant to Article 105 of the Labor Code in 2019 stipulating normal working hours:

Normal working hours

1. Normal working hours shall not exceed 08 hours per day or 48 hours per week.

2. An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.

The State encourages employers to apply 40-hour workweeks.

3. Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.

As regulated above, the normal working hours in a week of an employee in Vietnam shall not exceed 48 hours per week.

What are cases in which employers are allowed to request employees to work overtime in Vietnam?

Pursuant to Article 107 of the Labor Code in 2019 stipulating overtime work:

Overtime work

1. Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer.

2. An employer has the right to request an employee to work overtime when all of the following conditions are met:

a) The employee agrees to work overtime;

b) The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;

c) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.

3. An employer must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs and cases:

a) Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;

b) Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;

c) Works that require highly skilled workers that are not available on the labor market at the time;

d) 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;

dd) Other cases prescribed by the Government.

4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer shall send a written notification to the provincial labor authority.

5. The Government shall elaborate this Article.

As regulated above, an employer has the right to request an employee to work overtime when all of the following conditions are met:

- The employee agrees to work overtime;

- The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day;

In case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;

- The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified as follows:

+ 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.

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