ACDC’s Law Department advises:
Question: According to the current provisions of labor law in Vietnam, under what conditions do employers (enterprises, agencies, organizations, cooperatives, households or individuals who employ other people) have the right to request an employee to work overtime? Thank you!
Answer by ACDC’s Law Department:
As specified under Clause 1, Article 107 of the 2019 Labor Code:
“Overtime work is the duration of work performed at any other time than during normal working hours as indicated in the law, collective bargaining agreement, or internal labor regulations of an employer.”
Besides, according to Clause 2, Article 107 of the 2019 Labor Code, an employer has the right to request an employee to work overtime when all of the following conditions are met:
(1) The employee agrees to work overtime;
(2) 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;
(3) The total overtime working hours do not exceed 200 hours in 01 year, except for the cases that an employer request an employee to work overtime not 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 of no more than 300 hours in 01 year in some fields, works, and jobs, the employer shall send a written notification to the labor authority under the provincial People's Committee.
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