What is calculation of overtime pay in Vietnam?
My company allows employees to work overtime at night from 7 pm to 12 pm, how is the overtime payment calculated for the employee? Please advise.
What is working hours at night in Vietnam?
Pursuant to Article 106 of the 2019 Labor Code, there are regulations on working hours at night as follows:
Working hours at night is the period from 22 pm to 06 am.
Thus, according to the above regulations in Vietnam, your company's working time from 10pm onwards will be counted as working hours at night. From there as a basis for calculating overtime pay at night.
What is calculation of overtime pay in Vietnam?
Pursuant to Article 98 of the 2019 Labor Code, there are provisions 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.
According to this Article, the salary your company must pay to employees in this case for a normal day is as follows:
- From 6 am to before 9 pm at least equal to 150% of actual salary
- From 9 am to 12 pm at least equal to 170% of actual salary
Best Regards!
