This is a new point that directly affects the interests of employees stipulated in the Labor Code 2019 of Vietnam, officially effective from January 01, 2021.
Article table of contents
Specifically, according to Point b Clause 2 Article 107 of the Labor Code 2019 of Vietnam, an employer has the right to request an employee to work overtime if 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;
This provision has increased by 10 hours in 01 month in comparison with provision of the Labor Code 2012 of Vietnam, according to which employers are allowed to request employees to work overtime when ensuring no more than 30 hours in 01 month.
Besides, the Labor Code 2019 of Vietnam has also supplemented fields, works, jobs and cases that the employer must not request an employee to work overtime exceeding 300 hours in 01 year. Thus, from January 01, 2021, 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.
Note: When organizing overtime work exceeding 300 hours in 01 year, the employer shall send a written notification to the provincial labor authority.
Moreover, the Labor Code 2019 of Vietnam also annulled the provision that after each period with many consecutive days of working overtime within a month, the employer shall arrange compensatory days off for the employee.
The permission to work overtime 40 hours in 01 month is a regulation to help employees earn more income and improve their lives, this is also a regulation that directly affects employees when the Labor Code 2019 of Vietnam is promulgated.
Le Hai
- Key word:
- Labor Code 2019
