Is it permissible for employees in Vietnam to deny working overtime on public holidays of 30th of April and 1st of May?

Is it permissible for employees in Vietnam to deny working overtime on public holidays of 30th of April and 1st of May?

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 the employee agrees to work overtime. Therefore, employees in Vietnam may deny working overtime on public holidays of 30th of April and 1st of May, except for following cases:

- Implement orders to mobilize for national defense and security tasks in accordance with the law.

- Carry out tasks to protect the lives and property of agencies, organizations, and individuals in preventing and mitigating the consequences of natural disasters, fires, dangerous epidemics, and disasters, except in cases where there is a risk of endangering the lives and health of workers in accordance with the law on occupational safety and health.

Is it permissible for employees in Vietnam to deny working overtime on public holidays of 30th of April and 1st of May? - image from internet

What are regulations on the normal working hours in Vietnam?

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

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, normal working hours shall not exceed 08 hours per day or 48 hours per week.

How long is a rest break for employees working at night in Vietnam?

Pursuant to Article 109 of the Labor Code in 2019 stipulating rest breaks during working hours:

Rest breaks during working hours

1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.

As regulated above, a rest break for employees working at night in Vietnam is at least 45 consecutive minutes.

Best regards!