On March 23, 2022, the National Assembly Standing Committee (“UBTVQH”) has approved Resolution No. 17/2022/UBTVQH15 (“Resolution 17”) stipulating annual and monthly overtime hours ensuring Covid-19 prevention and control, socio-economic recovery and development
Acknowledging that this issue is showered attention from numerous clients (especially corporate clients and employees at enterprises), ATA Legal Services would like to send to Clients the following article summarizes the highlights of this document.
Some differences in the legal provisions on overtime between Resolution 17 and the 2019 Labor Code, specifically:
|
|
Resolution 17 |
The 2019 Labor Code |
|
Maximum number of annual overtime hours |
Within 300 hours/year |
Within 200 hours/year, except for specific cases |
|
Maximum number of monthly overtime hours |
Within 60 hours/month |
Within 40 hours/month |
|
Exceptions |
Exception subjects of the maximum number of overtime hours of 300 hours/year and 60 hours/month: + Employees aged between 15 and under 18; + Employees having mild disabilities with work capacity reduction of at least 51% or employees with severe disabilities or extremely severe disabilities; + Employees doing arduous, hazardous, dangerous, or extremely arduous, hazardous, or dangerous works; + Female employees in their 7th month of pregnancy onward (or the 6th month of pregnancy onward in case they work in the highlands, remote areas, border areas, or islands); + Female employees nursing children aged under 12 months. |
Only the following special business line and cases are allowed to use overtime employees up to 300 hours/year: + Producing, processing, and exporting textiles, garments, leather, shoes, electricity, electronics, processing of agriculture, forestry, salt, and fishery products; + Producing, supplying electricity, telecommunications, oil refining; water supply and drainage; + In case of works requiring workers with high professional and technical qualifications but the labor market cannot supply them adequately and in a timely manner; + In case of urgent work that cannot be delayed due to the seasonality and timing of raw materials and products or to solve problems arising due to unforeseen objective factors or consequences of weather, natural disaster, fire, enemy sabotage, lack of electricity, lack of raw materials, technical problems of the production line; + Other cases prescribed by the Government. |
Therefore, according to Resolution 17, except for some subjects who do not meet health and age conditions, all enterprises in production and business lines can employ overtime workers up to 300 hours/year or 60 hours/month, as long as the elements of the agreement, salary, and compliance with the prescribed processes and procedures are guaranteed. The new regulations in Resolution 17 are very appropriate for the context of labor shortage after the covid pandemic since they not only partly meet the production and business needs of enterprises but also ensure the voluntary will, health, and the goal of income increase for employees.
Resolution 17 was adopted and took effect on 01/04/2022, particularly, the regulation on overtime hours per year shall take effect from 01/01/2022.
Comment: