The enterprise must make a notice on the organization of overtime when the number of overtime hours is from over 200 hours to 300 hours/year. The latest form of overtime notice for businesses is form number 02/PLIV issued at Decree 145/2020/ND-CP as follows.
Article table of contents
Latest notification of overtime work template for enterprises in Vietnam (Artwork)
Form No. 02/PLIV
Instructions for businesses to register to work overtime
According to Article 62 of Decree 145/2020/ND-CP, when organizing overtime work that is exceeding 200 hours but not exceeding 300 hours per year in Vietnam, enterprises take the following steps:
Step 1: Negotiate with the employee on overtime hours.
Enterprises can negotiate and get the consent of employees on the organization of overtime from over 200 hours to 300 hours per year.
A sample of the overtime agreement can be found HERE.
Step 2: Notify the organization of overtime to the specialized labor agency under the Provincial People's Committee in Vietnam.
Enterprises use Form No. 02/PLIV above to notify overtime to the Departments of Labor, War Invalids and Social Affairs of Vietnam at the following places:
- The place organizes overtime work from over 200–300 hours/year.
- Where the head office is located: If the head office is located in a province or centrally run city, it is different from the place where overtime work is held for over 200 to 300 hours/year.
Note that the notice must be made no later than 15 days from the date of overtime.
In the event that the employer works overtime of up to 300 hours/year without carrying out the notification procedures to the competent authority, the employer will be penalized according to Point b, Clause 1, Article 18 of Decree No. 12/2022/ND-CP:
- A fine of from 2 to 5 million dong shall be imposed on the employer who is individual
- A fine of from 4 to 10 million dong shall be imposed on the employer who is organization.
Bao Ngoc
