Working "Three-on-Site": Can Workers Refuse Overtime?
In Article 108 of the 2019 Labor Code, regulations on overtime in special cases are as follows:
The employer has the right to require the employee to work overtime on any day without limitation on the number of overtime hours as stipulated in Article 107 of the 2019 Labor Code, and the employee cannot refuse in the following cases:
- Implementing orders for mobilization, ensuring national defense and security tasks in accordance with the law;
- Performing tasks to protect human 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 affecting the life and health of the employee according to the law on labor safety and hygiene.
=> Thus, if the overtime work is to mitigate the consequences of the Covid-19 pandemic, the overtime of employees working in the "3 on-site" method is mandatory, and employees do not have the right to refuse overtime if there is no legitimate reason.
Respectfully.









