How is The Maximum Overtime Working Time Regulated?
(1) Maximum overtime in 01 day
The maximum overtime in one day is regulated as follows:
Daily working schedule for regular working days: Overtime must not exceed 50% of the normal working hours in one day.
The normal working time is defined as not exceeding 8 hours/day. Therefore, the maximum overtime per day must not exceed 4 hours/day.
Weekly working schedule: The total of regular working hours and overtime must not exceed 12 hours/day.
Under the weekly working time regime, the regular working time must not exceed 10 hours/day. If the regular working time is 10 hours/day, the employer may only have employees work up to 2 additional hours/day.
Part-time working regime: The total of regular and overtime hours must not exceed 12 hours/day.
Part-time work is defined as work performed for fewer hours than the normal working time (Article 32, Labor Code 2019).
(According to Point b, Clause 2, Article 107 of the Labor Code 2019 and Article 60 of Decree 145/2020/NĐ-CP)
(2) Maximum overtime in 01 month
The maximum overtime in a month is 40 hours/month.
Note: Employers may only require employees to work up to 60 hours/month if the employee agrees.
(According to Clause 2, Article 107 of the Labor Code 2019)
(3) Maximum overtime in 01 year
The maximum overtime in a year is 200 hours/year.
Except for the following cases where up to 300 hours/year is allowed:
Manufacturing and processing for export in sectors such as textiles, garments, footwear, electronics, and processing of agriculture, forestry, salt production, and fisheries;
Electricity production and supply, telecommunications, oil refining; water supply and drainage;
Cases requiring skilled workers that are not readily available in the labor market;
Urgent work that cannot be delayed due to seasonal factors, timing of raw materials or products, or due to unforeseen events such as weather, natural disasters, fires, enemy sabotage, electricity shortages, raw material shortages, technical issues in the production line, etc.
(According to Point c, Clause 2, Article 107 of the Labor Code 2019)
(4) Overtime during nighttime
Currently, the Labor Code 2019 and its guiding documents only generally regulate overtime, without specifying separate limits for nighttime overtime.
Thus, it can be understood that the maximum overtime during nighttime is the same as that during the daytime.
Nighttime working hours are defined as from 10:00 PM to 6:00 AM the following day.
(According to Article 106 of the Labor Code 2019)
(5) Overtime during holidays and Tet (Lunar New Year)
When employees work overtime on holidays or Tet, the total overtime must not exceed 12 hours per day.
(According to Clause 4, Article 60 of Decree 145/2020/NĐ-CP)
How is overtime and nighttime wage payment regulated for employees?
Overtime wages are guided as follows:
Employees working overtime shall be paid according to their wage unit price or actual wage paid for the work being done, as follows:
On weekdays: at least 150%;
On weekly rest days: at least 200%;
On holidays, Tet, or paid leave days: at least 300%, excluding the daily wage for those days for employees paid by the day.
Employees working during nighttime shall receive at least an additional 30% of the wage calculated based on their wage unit price or actual wage for normal working days.
Employees working overtime at night shall, in addition to the above payments, receive an extra 20% of the wage calculated based on the wage unit price or the wage for daytime work on a normal day, rest day, or holiday.
(According to Article 98 of the Labor Code 2019)
Contact DEDICA Law Firm today for expert legal advice!
Phone: (+84) 39 969 0012 (We are available on WhatsApp, WeChat and Zalo)
Head Office: 144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City, Vietnam
Hours: Monday–Friday (8:30 am – 6:00 pm)
Call us now or leave us a message to get advice. Initial consultation is free of charge.
