Employees working 12 hours/day and 30 hours/month: Is it legal?

Article 106 of the 2012 Labor Code stipulates:

- Overtime is the period of work performed outside the regular working hours as prescribed by law, collective labor agreements, or labor regulations.

- Employers may use workers for overtime when the following conditions are met:

+ With the consent of the worker;

+ Ensuring that the overtime hours do not exceed 50% of the regular working hours in one day. In cases where the weekly working hour regulations apply, the total of regular working hours and overtime hours must not exceed 12 hours in one day; not exceeding 30 hours in one month and not exceeding 200 hours in one year, except for certain special cases as prescribed by the Government of Vietnam, where overtime may not exceed 300 hours in one year;

+ After each round of continuous overtime days in a month, the employer must arrange for the worker to have compensatory rest for the time not taken off.

And according to Article 104 of this Code: Regular working hours must not exceed 08 hours in one day and 48 hours in one week.

...

Thus, for workers working 8 hours a day, overtime should not exceed 12 hours a day and not exceed 30 hours in one month. Therefore, the company's implementation as above is appropriate.

Note: From January 01, 2021, the issue of overtime will be implemented according to Article 107 of the 2019 Labor Code. The new Code has increased overtime hours in a week to 40 hours instead of 30 hours as currently.

See details: What should businesses prepare for the change in overtime hours from 2021?

Sincerely!