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.
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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.
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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
