How is the Maximum Overtime Time Determined by Law?

Overtime work needs to be strictly controlled to ensure workers' health and comply with legal regulations. So how does Vietnamese law currently regulate maximum overtime? Let's find out more details with DEDICA Law Firm below.

1. Maximum overtime work per day

Overtime in a day is specifically regulated according to each working mode:

• For regular work schedules:

Employees are not allowed to work too much overtime50% of normal working hours per day.

Because normal working time is no more than 8 hours/day, overtime is requiredMaximum 4 hours/day.

• For weekly work schedule:

The total normal working time and overtime per day must not be exceeded12 hours/day.

In case the employee works normally 10 hours/dayYou can only work overtime for a maximum of 2 hours/day.

• For part-time working mode:

The total number of working hours and overtime must not be exceeded12 hours/day.

(According to Article 32 of the 2019 Labor Code, part-time work is working fewer hours than normal working hours.)

(Based on: Point b, Clause 2, Article 107 of the 2019 Labor Code and Article 60 of Decree 145/2020/ND-CP)

2. Maximum overtime period is 01 month

• Maximum 40 hours/month.

• The case of workersAgree, businesses can request additional work60 hours/month.

(Based on: Clause 2, Article 107 of the 2019 Labor Code)

3. Maximum overtime period is 01 year

• Normally, employees are only allowed to work a maximum amount of overtime200 hours/year.

• However, some professions and special cases can work overtimemaximum 300 hours/year,include:

✅ Manufacturing, processing and exporting in the following industries: textiles, footwear, electronics, agro-forestry-aquaculture processing, salt;

✅ Producing and supplying electricity, telecommunications, oil refining, water supply and drainage;

✅ Jobs that require highly skilled workers but are difficult to recruit on the market;

✅ Urgent work, cannot be delayed due to seasonal factors, material time or force majeure events such as natural disasters, fires, electricity shortages, lack of raw materials, technical problems...

(Based on: Point c, Clause 2, Article 107 of the 2019 Labor Code)

4. Work overtime at night

• Current lawnot specifically regulatedLimit overtime at night, soApply the same as working part-time during the day.

• Working hours at night are okayfrom 10pm to 6am the next morning

(Based on: Article 106 of the Labor Code 2019)

5. Working overtime on holidays and Tet

• Employees who work overtime on holidays and Tet are allowed to work overtime, butno more than 12 hours/day.

(Based on: Clause 4, Article 60 of Decree 145/2020/ND-CP)

6. How are overtime and night work wages calculated?

Overtime wages are paidaccording to the salary unit price or actual salary paid according to the job being done, specifically:

• Ordinary day: At least equal150%;

• Weekly day off: At least equal200%;

• Holidays, New Year, paid days off: At least equal300%(excluding that day's salary if the employee receives daily salary).

Workers workat nightget paid the least30% of salaryCalculated according to unit price or actual salary paid according to work.

If you doextra hours at night, in addition to the overtime and night work mentioned above, workers also receive additional pay20% of salary calculated based on daily wage unit price(applies to weekdays, weekends or holidays).

(Based on: Article 98 of the Labor Code 2019)

Contact DEDICA Law Firm for in-depth legal advice!

Hotline:(+84) 39 969 0012 (Support via WhatsApp, WeChat and Zalo)

Head office:144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, City. Ho Chi Minh

Business hours: Monday – Friday (8:30 – 18:00)

Contact us now to receive a free initial consultation from our team of professional lawyers!