Agreement Document on Overtime Work: Required Contents
Article 59 of Decree 145/2020/ND-CP stipulates as follows:
Except for cases defined in Article 108 of the Labor Code, in other cases where overtime work is organized, the employer must obtain the consent of the participating workers regarding the following contents:
a) Overtime duration;
b) Overtime location;
c) Overtime work.
In cases where the worker's consent is documented separately, refer to Form No. 01/PLIV Appendix IV issued together with this Decree.
=> Thus, the overtime agreement document must ensure the following contents:
- Overtime duration;
- Overtime location;
- Overtime work.
Overtime Agreement Document Form: Form No. 01/PLIV - Appendix IV issued together with Decree 145/2020/ND-CP:
| SUPERVISORY AGENCY NAME NAME OF ENTERPRISE, PRODUCTION, BUSINESS ESTABLISHMENT------- |
SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness--------------- |
| …., [Location], [Date] [Month] [Year] |
OVERTIME AGREEMENT DOCUMENT ****^(1) ****
- Overtime duration: From [Day] ……. [Month] .... [Year] ………. to [Day] … month …. year ……….
- Overtime location: ............................................................................................
- Reason for overtime: .........................................................................................
| No. | Full Name | Occupation, current job ^(2)^ | Working hours in a day ^(2)^ | Overtime hours **(in days, weeks…) ** ^(3)^ | Worker's signature |
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 |
| ……., [Date] [Month] [Year] EMPLOYER OR AUTHORIZED PERSON *(Signature, * seal) |
Notes:
(1) This form is to be used when signing a document with multiple workers; in case of signing with each worker individually, adjust the corresponding information.
(2) If the attendance sheet, job position, and working hours unchanged for many days or months have already been recorded, these columns in the agreement document are not mandatory.
(3) The agreement can be documented separately by day, or by week, by month, or combined with multiple overtime details.
Best regards!
