Regulations on working hours under the Labor Code in Vietnam

Regulations on working hours under the Labor Code in Vietnam (Internet image)

1. Normal working hours under the Labor Code in Vietnam

Article 105 of the Labor Code 2019 stipulates normal working hours as follows:

- Normal working hours shall not exceed 08 hours per day or 48 hours per week.

- An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.

The State encourages employers to apply 40-hour workweeks.

- Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.

2. Working hours at night in Vietnam

In Article 106 of the Labor Code 2019, the working hours at night are as follows:

Working hours at night is the period from 22 pm to 06 am.

3. Regulations on overtime work under the Labor Code in Vietnam

Article 107 of the Labor Code 2019 stipulates overtime work as follows:

- Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer.

- An employer has the right to request an employee to work overtime when all of the following conditions are met:

+ The employee agrees to work overtime;

+ The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;

+ The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of Article 107 of the Labor Code 2019.

- An employer must not request an employee to work overtime exceeding 300 hours in 01 year in the following fields, works, jobs and cases:

+ Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production;

+ Generation and supply of electricity, telecommunications, refinery operation; water supply and drainage;

+ Works that require highly skilled workers that are not available on the labor market at the time;

+ Urgent works that cannot be delayed due to seasonal reasons or availability of materials or products, or due to unexpected causes, bad weather, natural disasters, fire, hostility, shortage of power or raw materials, or technical issue of the production line;

+ Other cases prescribed by the Government.

- When organizing overtime work as prescribed in Clause 3 of Article 107 of the Labor Code 2019, the employer shall send a written notification to the provincial labor authority.

4. Overtime working in special cases in Vietnam

Article 108 of the Labor Code 2019 stipulates overtime working in special cases as follows:

In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of Labor Code 2019 and the employee must not decline:

- Execution of a conscription order for the purpose of national security or national defense as prescribed by law;

- Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.

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