In 2024, how will overtime work for employees be regulated?

How is overtime work legal?

According to the Government newspaper, recently, the director of Mr. Nguyen Van Phuc's company (Tay Ninh) suggested that workers work an extra hour and 35 minutes every day (outside of office hours), but not counting overtime compensation and will have Saturday off.

In case there is urgent work on Saturday, it is only calculated by multiplying by 1.5 times and not counting working on Saturday as a day off. Mr. Phuc asked, is this calculation in accordance with the law?

The Department of Labor, War Invalids and Social Affairs of Tay Ninh province responded to this issue as follows:

Clause 1, Clause 2, Article 105, Clause 2, Article 107 and Clause 1, Article 111 of the 2019 Labor Code stipulate:

"Article 105. Normal working hours

1. Normal working hours shall not exceed 8 hours per day and 48 hours per week.

2. Employers have the right to regulate working hours by day or week but must notify employees; in case of weekly working hours, normal working hours shall not exceed 10 hours in 1 day and not exceed 48 hours in 1 week.

… Article 107. Overtime

2. Employers are allowed to use employees to work overtime when fully meeting the following requirements:

a) Must have the consent of the employee;

b) Ensure that the number of overtime hours of employees does not exceed 50% of the normal working hours in 1 day; in case of applying the regulation on normal working hours per week, the total number of normal working hours and overtime hours does not exceed 12 hours in 1 day; does not exceed 40 hours in 1 month;

c) Ensure that the number of overtime hours of employees does not exceed 200 hours in 1 year, except for the case specified in Clause 3 of this Article.

… Article 111. Weekly rest

1. Each week, employees are entitled to at least 24 consecutive hours of rest. In special cases where weekly rest is not possible due to the work cycle, the employer is responsible for ensuring that employees have an average of at least 4 days off per month.

Thus, the labor law stipulates that normal working hours are not more than 8 hours per day and not more than 48 hours per week. In case of weekly work, normal working hours are not more than 10 hours per day and not more than 48 hours per week, ensuring that each week the employee has at least 24 consecutive hours off (1 day).

In addition, if there is a need for overtime, the company will negotiate and obtain the consent of the employee to organize overtime not exceeding 50% of the normal working hours in 1 day; in case of applying the regulation on normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 1 day; not more than 40 hours in 1 month and not more than 200 hours in 1 year.

Policy - In 2024, how will overtime work for employees be regulated? — Illustration

Overtime from 200 hours to 300 hours per year

Information on Employees When organizing overtime from 200 to 300 hours in a year, employers must notify the Department of Labor - Invalids and Social Affairs at the following places:

- Where the employer organizes overtime from 200 to 300 hours in a year;

- The location of the head office, if the head office is located in a province or centrally-run city other than the place where the employer organizes overtime from 200 to 300 hours in a year.

The notification must be made no later than 15 days after the date of performing overtime from 200 hours to 300 hours in a year. The notification document is in accordance with Form No. 02/PLIV Appendix IV issued with Decree 145/2020/ND-CP.

Cases where there is no limit on the number of overtime hours:

Employers have the right to request employees to work overtime on any day without being limited by the number of overtime hours as prescribed above and employees may not refuse in the following cases:

- Implement mobilization orders to ensure national defense and security tasks according to the provisions of law;

- Carry out tasks to protect human life and property of agencies, organizations and individuals in preventing and overcoming the consequences of natural disasters, fires, dangerous epidemics and catastrophes, except in cases where there is a risk of affecting the life and health of workers according to the provisions of law on occupational safety and hygiene.

Truc Chi (t/h)

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