Agreement on Overtime Between Employees and Employers: Is It Mandatory?

According to Clause 2, Article 106 of the Labor Code of 2012, it is stipulated that the employer may employ the employee for overtime work when the following conditions are met:

- With the consent of the employee;

- Ensure that the overtime hours do not exceed 50% of the normal working hours in one day. In the case of applying the weekly working regulation, the total normal working hours and the overtime hours must not exceed 12 hours in one day; no more than 30 hours in one month and the total must not exceed 200 hours in one year, except for certain special cases stipulated by the Government of Vietnam where overtime work can be up to 300 hours in one year;

- After each period of continuous overtime work within a month, the employer must arrange compensatory rest for the employee for the time they have not had rest.

=> According to this regulation, when the company employs an employee for overtime work, it must have the consent of the employee.

Thus, in the case where your mother's company arbitrarily increases overtime without the consent of the employee, it is a violation of the law.

The above is our response to your question.

Respectfully!