Is It compulsory to arrange rest breaks during overtime in Vietnam?
Is It compulsory to arrange rest breaks during overtime in Vietnam?
According to Article 109 of the Labor Code 2019 which regulates rest breaks during working hours in Vietnam:
Article 109. Rest breaks during working hours
1. Employees who work six hours or more per day as stipulated in Article 105 of this Code are entitled to a minimum continuous rest break of 30 minutes during the working hours, and a minimum continuous rest break of 45 minutes if working at night.
If employees work in continuous shifts for 06 hours or more, the rest time will be counted as working hours.
2. Besides the rest time stipulated in clause 1 of this Article, the employer shall arrange additional rest periods for employees and record it in the internal labor regulations.
According to the above regulations, employees working overtime are entitled to minimum rest breaks as follows:
- Working six hours or more per day: Employees are granted at least 30 continuous minutes of rest, counted as working time.
- Working at night: Employees are granted at least 45 continuous minutes of rest.
- In cases where employees work continuous shifts for 06 hours or more, the rest time will be counted as working hours.
Thus, it is not mandatory to arrange rest breaks during the overtime hours of the employees.
Is It compulsory to arrange rest breaks during overtime in Vietnam? (Image from the Internet)
What is the maximum number of overtime hours allowed for employees in Vietnam?
According to Article 107 of the Labor Code 2019 which regulates overtime work in Vietnam:
Article 107. Overtime work
1. Overtime work refers to the period of work performed beyond the regular working hours as stipulated by law, collective labor agreements, or internal labor regulations.
2. Employers are permitted to require employees to work overtime when all of the following conditions are met:
a) With the consent of the employees;
b) Ensuring that the overtime hours do not exceed 50% of the regular working hours in one day; if the regular working hours are regulated on a weekly basis, the total regular working hours and overtime hours shall not exceed 12 hours in one day, and not exceed 40 hours in one month;
c) Ensuring that the overtime hours do not exceed 200 hours in one year, except in the cases specified in clause 3 of this Article.
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According to the above regulations, the maximum number of overtime hours allowed for employees is 50% of the regular working hours in one day.
In cases where the regular working hours are regulated on a weekly basis, the total regular working hours and overtime hours shall not exceed 12 hours in one day and not exceed 40 hours in one month.
Additionally, ensuring that the overtime hours do not exceed 200 hours in one year, except in the following cases:
- Production, processing, and export of textile, garment, leather, footwear, electronics, and agricultural, forestry, and fishery processing products.
- Production and provision of electricity, telecommunications, oil refining, water supply, and drainage.
- Cases needing to address tasks requiring highly specialized and technical labor that the labor market does not adequately supply.
- Urgent tasks that cannot be delayed due to the seasonal nature, timings of materials and products, or to deal with unforeseen issues due to objective factors, weather consequences, natural disasters, fires, war damages, electricity shortage, resource scarcity, or production line technical failures.
In which cases can employees in Vietnam not refuse to work overtime?
According to Article 108 of the Labor Code 2019 which regulates overtime work in special cases:
Article 108. Overtime work in special cases
Employers have the right to require employees to work overtime on any day without being restricted by the overtime limits stipulated in Article 107 of this Code, and employees are not allowed to refuse in the following cases:
Implementation of mobilization orders to ensure national defense and security as stipulated by law;
Performing tasks to protect human life, property of agencies, organizations, individuals in preventing, overcoming the consequences of natural disasters, fires, dangerous epidemics, and disasters, except when there is a risk affecting the life, health of employees in accordance with the law on labor safety and hygiene.
According to the above regulations, employees are not allowed to refuse to work overtime in the following cases:
- Implementation of mobilization orders to ensure national defense and security as stipulated by law.
- Performing tasks to protect human life, property of agencies, organizations, individuals in preventing, overcoming the consequences of natural disasters, fires, dangerous epidemics, and disasters.
Except when there is a risk affecting the life, health of employees in accordance with the law on labor safety and hygiene.
