What are regulations on overtime pay, night work pay in Vietnam? Can employees work overtime up to 40 hours/month in Vietnam?

What are regulations on overtime pay, night work pay in Vietnam? 

I am interested in the issue of overtime pay and working at night from January 1, 2020. Let me ask: What are regulations on overtime pay, night work pay according to the 2019 Labor Code?

Answer: Article 98 of the 2019 Labor Code has regulations on overtime pay, night work pay, as follows:

1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:

a) On normal days: at least 150%;

b) On weekly days off: at least 200%;

c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.

2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.

3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public holiday.

4. The Government shall elaborate this Article.

What are regulations on overtime pay, night work pay in Vietnam? Can employees work overtime up to 40 hours/month in Vietnam? (Image from the Internet)

Can employees work overtime up to 40 hours/month in Vietnam?

We are a garment business, in about 2 more months due to production needs to serve the period near Tet, will we be able to let our employees work up to 40 hours/month?

Answer: Clause 2, Article 107 of the 2019 Labor Code stipulates that 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.

Thus, according to the above regulations in Vietnam, the number of overtime hours currently does not exceed 30 hours in a month. Therefore, your business cannot allow employees to work up to 40 hours/month.

However, from 2021 when the 2019 Labor Code takes effect, this will be completely possible (Article 107).

Do female employees raising children under 12 months old have to work overtime in Vietnam?

I am a female employee, raising a 7-month-old child. Due to the end of the year, our company has deployed overtime to meet Tet orders. So do I have to swork overtime?

Answer: According to the provisions of Clause 2, Article 107 of the 2019 Labor Code, when the employer works overtime, it must meet all the conditions therein and must obtain the consent of the employee.

And in Clause 1, Article 137 of the 2019 Labor Code, an employer must not require a female employee to work at night, work overtime or go on a long distance working trip in the following circumstances:

a) The employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;

b) The employee is raising a child under 12 months of age, unless otherwise agreed by her.

Based on the above regulations in Vietnam, employers are not allowed to employ female employees raising children under 12 months of age to work overtime, unless this employee agrees.

Therefore, if you do not have the desire to work overtime, the company is not allowed to use you to work overtime.

Best regards.