Requirements for assigning overtime in Vietnam

Working overtime helps increase income for employees but affects their health, so Labor Code 2019 clearly stipulates the Requirements for enterprises to assign overtime in Vietnam.

Requirements for assigning overtime in Vietnam(Source: Internet)

According to the provisions of Article 107 of Vietnam's Labor Code 2019, Resolution 17/2022/UBTVQH15, the employer is entitled to assign employees to work overtime when fully meeting the following requirements:

- Employer must have the consent of the employee;

- Employer must ensure that the employee's extra working hours do not exceed 50% of the normal working hours in a day;

In case of applying the regulation of normal working hours by week, the total number of working hours and extra working hours shall not exceed 12 hours in 01 day; 40 hours in 01 month;

- Enmployer must ensure the number of extra working hours of employees according to regulations in Vietnam.

The number of extra working hours of an employee is regulated as follows:

- Number of extra working hours in 01 year: over 200 hours but not more than 300 hours in 01 year.

- Number of extra working hours in 01 month: over 40 hours but not more than 60 hours in 01 month.


Note: Cases where employees are not allowed to have more than 200 extra working hour in Vietnam

- Employees from 15 years old to under 18 years old;

- The employees who have mildly disability with a working capacity decrease of 51% or more, severe disability or particularly severe disability;

- Employees who do heavy, hazardous or dangerous occupations or jobs or especially heavy, hazardous or dangerous jobs;

- Female employees who are pregnant from the 7th month or from the 6th month if working in highland, remote, border or island areas;

- Female employees who are raising children under 12 months old.

Diem My


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