From January 01, 2021, overtime hours will be calculated for certain special cases

15:39, 10/07/2024

This is a notable content mentioned in the Draft Decree detailing some provisions of the Labor Code regarding working hours and rest periods.

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This draft regulation stipulates that when organizing overtime, the employer must strictly comply with the provisions of Articles 4, 5, and 6 of this Decree, and also include the calculation of total overtime hours when adhering to the overtime limits specified in Points b and c, Clause 2, Article 107 of the Labor Code and Clauses 2 and 3, Article 4 of this Decree, as follows:

- In case of applying the regulations for non-full-day or non-full-week work or workdays under 8 hours, work weeks under 48 hours according to Article 32, Clause 1, Article 105 of the Labor Code, overtime is calculated as follows:

- If the total regular working hours and overtime hours do not exceed 8 hours in a day, then the overtime hours must still be paid overtime wages but not counted towards the total overtime hours in a day, month, or year;- If the total regular working hours and overtime hours exceed 8 hours to 12 hours in a day, the hours exceeding 8 hours must be paid overtime wages and counted towards the daily overtime hours;- If the total regular working hours and overtime hours do not exceed 48 hours in a week, the daily overtime hours must still be paid overtime wages but not counted towards the total overtime hours in a month or year;- If the total regular working hours and overtime hours exceed 48 hours in a week, the overtime hours exceeding the total of 48 hours must be paid overtime wages and counted towards the total overtime hours in a month or year.

- In case of structuring regular working hours according to the week as stipulated in Clause 2, Article 105 of the Labor Code, daily overtime must still be paid overtime wages but not counted towards the total overtime hours in a month or year, if the total weekly working hours do not exceed 48 hours.

Note: The time specified in Clauses 1, 9, and 10, Article 3 of this Decree is counted as working hours but deducted from the total overtime hours in a day, month, and year.

Details can be found in the Draft Decree detailing several provisions of the Labor Code regarding working hours and rest periods HERE.

Le Hai

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