Employees are allowed to work no more than 60 hours/month

The 2019 Labor Code, effective from January 1, 2021, has restricted the overtime frame of 200 hours per year, and increased the maximum number of hours in a month to 40 hours.

However, based on actual needs, at the 9th session, on the afternoon of March 23, 100% of the members of the Standing Committee of the National Assembly who were present unanimously approved the Regulation on employers who have needs and are eligible for approval. With the consent of the employee, the employee may use overtime for more than 200 hours but not more than 300 hours/year.

The cases are employees from full 15 years old to under 18 years old; the employee is a mildly disabled person with a working capacity decrease of 51% or more, a severe disability or a particularly severe disability; laborers doing heavy, hazardous or dangerous occupations or jobs or particularly heavy, hazardous or dangerous jobs; female employees 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 are excluded from this regulation.

Employees work overtime for more than 40 hours but not more than 60 hours in a month

Regarding the number of overtime hours in a month, the Resolution clearly states that the case where the employer is allowed to use the employee to work overtime for a maximum of 300 hours in a year has demand and is agreed by the employee. employing employees who work overtime for more than 40 hours but not more than 60 hours in a month.

In addition, this provision does not apply to the case specified in Clause 3, Article 107 of  the Labor Code .

The newly approved Resolution takes effect from April 1, 2022, and the regulation on overtime hours in a year takes effect from January 1, 2022.


Source: Cổng thông tin điện tử Chính phủ

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