May I ask, are part-time workers in communes and wards who are entitled to monthly allowances entitled to overtime wages? And if not, on what basis? Many thanks to LawNet!
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LawNet would like to answer your question as follows:
According to Clause 1 Article 94 of the Labor Code 2012 of Vietnam, an employer may select the form of wage payment based on working time, products or piecework.
Fixed wage is paid to employees according to the workload, work quality, and deadline for work completion instead of the working time (such as hours, days, weeks, months).
Example: Mr. Q received the job of repairing all 10 damaged computer equipment for company B with a contract salary of 10 million dong, and must be completed before May 01, 2020 from the date of signing the contract. In this case, Mr. Q can be flexible in time to complete the work.
On the other hand, according to Clause 1 Article 6 of Circular No. 23/2015/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, there are only 02 cases of overtime pay, including:
- Every employee who receives time-based wage and works overtime in addition to the working time established by the employer shall receive overtime pay as prescribed in Article 104 of the Labor Code;
- With regard to piece workers who receive overtime pay when the employees and the employer reach an agreement on overtime work in addition to normal working hours to increase the quantity of completed products or works in addition to the agreed workload.
With regard to wage payment based on piecework, there is no regulation on overtime pay. Thus, employees receiving fixed wages are not subject to the application of regulations on overtime pay.
Similarly, the recipient of the package allowance is also not subject to the regulation on overtime pay.
Hai Thanh
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