Hanoi-Vietnam: Guidelines for calculating overtime pay and night work pay in 2019

To facilitate Customers and Members in monitoring their monthly salary and protecting their rights, Lawnet respectfully sends Customers and Members the complete formula for calculating overtime pay and night work pay in Vietnam as follows:

The one-hour pay of a normal working day is A:

  1. Overtime pay on normal working days is:
A x 150% x number of overtime hours
 
  1. Overtime pay on week breaks is:
A x 200% x number of overtime hours
 
  1. Overtime pay on public holidays and fully paid days off is:
  • A x 300% x number of overtime hours (if paid monthly)
  • A x 400% x number of overtime hours (if paid daily)
  1. One-hour pay in case of working at night is:
A x 130% x number of working hours
  1. One-hour overtime pay at night on normal working days is:
  • A x (150% + 30% + 20%) x number of overtime hours (for employees not working overtime during the day before working overtime at night)
  • A x (150% + 30% + 30%) x number of overtime hours (for employees working overtime during the day before working overtime at night)
  1. One-hour pay at night on week breaks is:
A x (200% + 30% + 40%) x number of overtime hours
 
  1. One-hour pay at night on public holidays and fully paid days off is:
  • A x (300% + 30% + 60%) x number of overtime hours (if paid monthly)
  • A x (400% + 30% + 60%) x number of overtime hours (if paid daily)

Example: Mr. Hai’s one-hour pay of a normal working day is 30,000 VND:

1. One-hour overtime pay on a normal working day  is 30,000 x 150% x 1 = 45,000 VND.

2. One-hour overtime pay on week breaks is 30,000 x 200% x 1 = 60,000 VND.

3. One-hour overtime pay on public holidays and fully paid days off is:

- 30,000 x 300% x 1 = 90,000 VND (if paid monthly);- 30,000 x 400% x 1 = 120,000 VND (if paid daily).

4. One-hour pay for working at night on a normal working day is 30,000 x 130% x 1 = 39,000 VND.

5. One-hour overtime pay at night on a normal working day is: 30,000 x (150% + 30% + 20%) x 1 = 60,000 VND, if previously worked overtime during the day, it is: 30,000 x (150% + 30% + 30%) = 63,000 VND.

6. One-hour overtime pay at night on week breaks is 30,000 x (200% + 30% + 40%) x 1 = 81,000 VND.

7. One-hour overtime pay at night on public holidays and fully paid days off is:

- 30,000 x (300% + 30% + 60%) x 1 = 117,000 VND (if paid monthly).- 30,000 x (400% + 30% + 60%) x 1 = 147,000 VND (if paid daily).

In summary, the overtime pay is compiled in the following table:

How to calculate overtime pay and night work pay

     

Pay/hour (Min)

Day

   

A

Working part-time during the day

Normal Day

 

150%xA

Week breaks

 

200%xA

Public holidays and fully paid days off

Monthly pay

300%xA

Daily pay

400%xA

Night

   

 

130%xA

Working overtime at night

Normal Day

Previously did not work overtime during the day

200%xA

Previously worked overtime during the day

210%A

Week breaks

 

270%xA

Public holidays and fully paid days off

Monthly pay

390%xA

Daily pay

490%xA

 

Note:

- Employees on daily pay are those with agreed salary stated in the employment contract daily which does not include the salary for public holidays and fully paid days off as regulated by the Labor Code.

- The above is the minimum paid to employees by employers; therefore, employers may pay at a higher rate.

Legal Basis:

- Labor Code 2012;

- Decree 05/2015/ND-CP;

- Circular 23/2015/TT-BLDTBXH (amended, supplemented by Circular 47/2015/TT-BLDTBXH).

- Nguyen Trinh -

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