What Vietnamese Workers Need to Know to Claim Overtime Pay
In today’s work environment, working overtime is no longer a stranger to employees. However, not everyone clearly understands their rights, especially when it comes to receiving overtime pay. Many cases show that employees work overtime for years but only discover upon leaving the job that they were not paid correctly. So what do workers need to firmly grasp to protect their legitimate rights?
Understand Overtime Pay Correctly
Overtime pay is the income employees earn for working beyond regular hours, subject to mutual agreement. Under the 2019 Labor Code:
Overtime on weekdays must be at least 150% of the standard wage.
Overtime on weekends must be at least 200%.
Overtime on holidays or Tet must be at least 300%.
However, the essential condition to receive overtime pay is an agreement between the employee and employer. Working extra hours without confirmation or without filing a proper overtime request form may result in the employer refusing to acknowledge the overtime.
Conditions Required to Claim Overtime Pay
To have a court accept your claim for unpaid overtime, you must prepare the following:
Evidence of Overtime Work
Keep records such as timesheets, overtime request forms, assignment emails, or any document that clearly shows the extra hours worked. In many disputes, employees lose their case simply because they lack documented proof of overtime.
Employer’s Approval of Overtime Hours
Even if you stay late at work, without your employer’s written approval—via internal forms or emails—those hours may not be recognized as overtime. Ensure mutual consent is recorded in writing.
Statute of Limitations for Labor Disputes
Under Article 190 of the 2019 Labor Code, employees have one year from when they discover their rights were violated to file a claim. Miss this deadline, and you may lose the court’s ability to consider your case.
Important Notes to Safeguard Your Overtime Rights
Employees should actively do the following to avoid disputes:
Request Regular Overtime Confirmation
After each overtime session, ask HR or your supervisor to confirm the hours in writing or via email. This becomes crucial evidence if a dispute arises.
Review Payslips and Respond Promptly
Check your payslips monthly to verify overtime payment. If there are discrepancies or omissions, notify your employer immediately for proper adjustment.
Initiate Mediation or Legal Action on Time
If the employer refuses to address your claim, submit a request for mediation to the local Labor – Invalids and Social Affairs office or file a lawsuit within the legal timeframe to protect your rights.
Overtime pay is a legitimate entitlement and must be protected through knowledge, proactive action, and solid evidence. Don’t wait until you leave your job to claim your rights—act now to safeguard your labor efforts.
DEDICA Law Firm is ready to support employees in disputes over wages, working hours, and other legal rights. We commit to walking with you in protecting what you deserve.
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