In what cases are employees allowed to work part-time in Vietnam?

In what cases are employees allowed to work part-time in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is part-time employee?

According to Clause 1, Article 32 of the Labor Code 2019, a part-time employee is an employee who works for less than the usual daily, weekly or monthly working hours as prescribed by labor laws, the collective bargaining agreement internal labor regulations.

Currently, regulations on normal working hours specified in Article 105 of the Labor Code 2019 are as follows:

- Normal working hours shall not exceed 08 hours per day or 48 hours per week.

- An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.

The State encourages employers to apply 40-hour workweeks.

- Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.

Thus, according to the above regulations, a part-time employee is an employee who works for less than the usual daily, weekly or monthly working hours as prescribed by labor laws.

2. In what cases are employees allowed to work part-time in Vietnam?

Clause 2 of Article 32 of the Labor Code 2019 clearly states that an employee may negotiate part-time employment with the employer when enter into an employment contract.

In addition, according to the Regulations in Clauses 2 and 4 of Article 137 of the Labor Code 2019:

- Whenever an employer is informed of the pregnancy of an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity, the employer shall assign her to a less laborious or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.

- During her menstruation period, a female employee shall be entitled to a 30 minute break in every working day; a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day with full salary as stipulated in the employment contract.

Moreover, according to Clause 2 of Article 148 of the Labor Code 2019, elderly employees are entitled to negotiate with their employer on reduction of reduce their daily working hours or to work on a part-time basis.

Thus, in the case of working part-time, there is an agreement between the employee and the employer about working part-time.

Whenever an employer is informed of the pregnancy of an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity:

The employer shall assign her to a less laborious or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.

3. What are the rights of part-time employees in Vietnam?

Specifically, Clause 3 of Article 32 of the Labor Code 2019 stipulates:

The part-time employee shall be entitled to receive salary, equal rights and obligations as a full-time employee; equal opportunity and treatment, and to a safe and hygienic working environment.

Thus, part-time workers are not limited in their benefits compared to full-time workers.

According to Clause 1 of Article 5 of the Labor Code 2019, an employee has the rights to:

- Work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;

- Receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;

- Establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;

- Refuse to work if he/she finds that the work directly threatens his/her life or health;

- Unilaterally terminate the employment contract;

- Go on strike;

- Exercise other rights prescribed by law.

Nguyen Ngoc Que Anh

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