Consider adjusting overtime hours in the context of economic recovery

Minister of Labour, Invalids and Social Affairs Dao Ngoc Dung, authorized by the Prime Minister, reported to the National Assembly Standing Committee for comments on the draft resolution of the National Assembly Standing Committee on overtime hours in one month and in a year of employees, at the meeting on the afternoon of March 10.

National Assembly Vice Chairman Tran Thanh Man: Overtime is only applicable when employees voluntarily, ensure the correct salary, wage, health and safety regimes - Photo: VGP/Le Son

'Special' context in need of 'urgent' adjustment

According to Minister Dao Ngoc Dung, the resolution on overtime working hours in a month and in a year of employees is structured into two articles, with the following basic contents: Raising the limit on the number of overtime hours worked in a specified month. specified at Point b, Clause 2, Article 107 of the Labor Code when the employer agrees with the employee on overtime work from no more than 40 hours to no more than 72 hours and the total number of overtime hours worked by the employee is not more than 300 hours in a year without being restricted to groups of industries, occupations, jobs or cases specified in Clause 3, Article 107 of the Labor Code. The regulations limit overtime hours by day and rest (break during working hours, shift break...), wages comply with the Labor Code to ensure the health of employees.

Regarding the application time, Minister Dao Ngoc Dung said that the draft resolution was developed in the context of "special" and "urgent". Accordingly, in principle, the implementation of the policy in the draft resolution should only be carried out in a short time, suitable for solving urgent and urgent problems.

Therefore, the time to apply this policy is from the time the resolution is signed and promulgated to the time the measures specified in Point 3 of Resolution No. 30/2021/QH15 dated July 28, 2021 of the first session. , the 15th National Assembly expires.

The inspection report of the Social Committee presented by Chairman of the Committee Nguyen Thuy Anh said that the COVID-19 epidemic has left a great negative impact on many businesses and employers when the production and business chain Business, supply and a series of orders were interrupted, stalled, etc. had a strong impact on workers, pushing them into difficult situations due to job relaxation, job termination, job leave, and job loss. In the context of the complicated development of the epidemic, in order to consistently implement the policy of safe, flexible adaptation and effective control of the epidemic, the increase in overtime working hours in the present time is considered and evaluated as a solution to support production recovery and overcome the losses caused by the COVID-19 epidemic to employees and employers over the past 2 years,

In the current context, when employees and employers have both increased activities to restore and develop production, flexibly organize production and business, arrange labor and apply many To take measures to prevent and control the COVID-19 epidemic, the Standing Committee of the Social Affairs Committee agreed with the Government on the need to expand industries, professions and jobs that can be applied up to 300 hours a year.

National Assembly Vice Chairman Nguyen Khac Dinh noted that from April 27, 2020, many forces on COVID-19 prevention and control tasks such as healthcare, police and military have been working almost 24/7. . For those who have actually worked up 72 hours/month in the past time, they will also be pursued, when this resolution takes effect.

This is a special context, it is necessary to have a new mindset to meet the epidemic prevention and control work, and pay employees worthy of the actual overtime. Some professional associations in Japan even recommend working up to 400 hours a year.

"This is the agreed maximum amount of overtime hours between the enterprise and the employee, with the consent of the employee, as well as on the basis of health, working conditions, and fair remuneration," said Vice Chairman. National Assembly Chairman Nguyen Khac Dinh noted.

Minister Dao Ngoc Dung: Adjusting overtime is an urgent and objective requirement from real life - Photo: VGP/Le Son

Overtime salary system commensurate with employees' efforts

Chairman of the Legal Committee Hoang Thanh Tung expressed his approval of the promulgation of this resolution, there are practical solutions for businesses to overcome difficulties caused by the COVID-19 epidemic and the practical economic recovery process, in accordance with the law. with the needs of workers after a period of social distancing.

Mr. Hoang Thanh Tung also suggested that the Government review the salary regime during overtime so that it is commensurate with the efforts of the employees, not applicable to all professions and some subjects such as unskilled workers. teenagers, people with disabilities, or pregnant women.

Vice Chairman of the Vietnam General Confederation of Labor, Tran Van Thuat, said that through consultation with employees, the General Confederation reached agreement with this draft resolution, and at the same time, it is necessary to study additional measures to ensure safety. welfare for part-timers to have reproductive health.

However, it is necessary to ensure the health of workers, especially those who have been infected with COVID-19 and this does not apply to all occupations, especially hazardous occupations, pregnant women, and people with disabilities. or minors and on the employee's voluntary basis.

Representing the business community, Chairman of the Vietnam Confederation of Commerce and Industry (VCCI) Hoang Van Office said, this is the actual demand of employers and employees in the context of economic recovery. current economic situation of the country, as well as each enterprise and employee. In fact, this has also happened and the business community is very supportive of this policy.

Minister Dao Ngoc Dung stated that this is an urgent and objective requirement from real life. Many businesses are stressed when orders are urgent but human resources cannot meet production and business requirements. Employees will calculate overtime such as holidays, New Year and night work.

Standing Vice Chairman of the National Assembly Tran Thanh Man applauded the drafting and verifying agency for having well prepared the content of the draft resolution, receiving high consensus; emphasizing that this is an urgent solution in the current context of economic recovery. The majority of opinions agreed with the proposal to increase overtime and apply only when the employee volunteered, ensuring the correct salary, wage, health and safety regime for employees.

According to the program, on March 24, the Standing Committee of the National Assembly continued to consider and give opinions on this draft resolution after receiving and explaining from the agencies.

Le Son

Source: Cổng thông tin điện tử Chính phủ

1 lượt xem
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;