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On a number of overtime hours in 01 year, Clause 1, Article 1 of the Resolution prescribes that: The employer may request the employee for overtime work for more than 200 hours but not exceeding 300 hours in 01 year in case of obtaining the employee’s consent.
Above regulations are not applicable for the following cases:
- Employees from full 15 years old to under 18 years old;
- Employees being persons with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities;
- Employees who practice or perform heavy, hazardous or dangerous occupations or jobs, or extremely heavy, hazardous or dangerous occupations or jobs;
- The female employee is at the 7th month or more of her pregnancy, or at the 6th month or more of her pregnancy if she works in a highland, deep-lying, remote, border or island area; the female employee is raising a child under 12 months old.
On a number of overtime hours in 01 month, Article 2 of the Resolution prescribes that: In case the employer is allowed to use the employee for overtime for a maximum of 300 hours in 01 year, upon his/her request and with the employee’s consent, the employer may use the employee for overtime work for more than 40 hours but not exceeding 60 hours in 01 month.
In previous regulations in the Labor Code 201, the employer may use the employee for overtime work not exceeding 40 hours in 01 month.
The implementation of regulations on overtime hours in this Resolution must fully comply with other relevant provisions of the Labor Code.
Employers are responsible for applying measures to improve labor productivity and other measures to reduce overtime work; in the case of overtime work, the employers shall implement welfare regimes to ensure that the employees have more favorable conditions than prescribed by the labor law.
This Resolution takes effect on April 01, 2022. The provisions in Clause 1, Article 1 of this Resolution take effect from January 01, 2022.
