New regulation on worker’s overtime cap for 1 year and 1 month
30/03/2022 12:00 AM
National Assembly Chairman Vuong Dinh Hue signed Resolution 17/2022/UBTVQH15 on the number of overtime hours in a year and a month in the context of COVID-19 prevention and control and socio-economic recovery and development.
A resolution on overtime work of employees in the context of the COVID-19 pandemic has just been passed ( Source: Internet)
According to the resolution, the number of overtime hours in a year is regulated as follows: "In case the employer has the need and gets the employee's consent, the employee can have the employee work overtime for more than 200 hours but no more than 300 hours in a year, except for the following cases: Employees from 15 years old to less than 18 years old; Employees with a mild disability whose working capacity is reduced by 51 per cent or more, severely disabled or especially severely disabled; Labourers doing hard, hazardous jobs, or especially heavy, hazardous jobs; Female employees who are pregnant from the 7th month or the 6th month if working in highland, remote, border and island areas; female employees who are raising children under 12 months old. Clause 1 of this Article does not apply to the cases specified in Clause 3, Article 107 of the Labour Code."
The number of overtime hours in a month is regulated as follows: "In case the employer is allowed to use the employee to work overtime for a maximum of 300 hours in a year, there is a need and consent of the employee, the employer can have the employee works overtime for more than 40 hours but not more than 60 hours in a month."
Illustrative image (internet)
The implementation of regulations on overtime hours in this resolution must fully comply with other relevant provisions of the Labor Code. When organising overtime work specified in Clause 1, Article 1 of this resolution, the employer must notify in a written document the specialised labour agency under the provincial People's Committee as prescribed in Clause 4, Article 107 of the Labour Code.
Employers are responsible for applying measures to improve labour productivity and other measures to reduce overtime work. When implementing an overtime work policy, the employer shall implement welfare regimes to ensure that the employees have more favorable conditions than prescribed in labour regulations.
The Government, the Ministry of Labour, Invalids and Social Affairs and the ministries, branches and local authorities shall, within the scope of their tasks and powers, guide and organise the implementation of this resolution.
The Vietnam General Confederation of Labour strengthens communication, direction and guidance for trade unions at all levels in supervising the implementation of the resolution, protecting workers' rights, and promoting dialogue and negotiation, and signing collective labour agreements to ensure the welfare of employees during the implementation of this resolution.
The Vietnam Chamber of Commerce and Industry, the Vietnam Union of Cooperatives and other representative organisations of employers should strengthen communication with employers to implement this resolution and harmonise rights and interests between the parties in the labour relationship, support and enhance welfare regimes for employees to overcome difficulties, contribute to production recovery and socio-economic development./.
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