A recommendation on ensurance that the number of overtime working hours of an employee does not exceed than 50% of the normal working hours in 01 day and does not exceed 500 hours in a year.

Thu, 19 Apr 2018 13:53:00  |  Print  |  Email   Share:

Name of recommendations: A recommendation on ensurance that the number of overtime working hours of an employee does not exceed than 50% of the normal working hours in 01 day and does not exceed 500 hours in a year.

Status: Has not been responded

Recommended by units: the Vietnam Association of Seafood Exporters and Producers (VASEP)

Official letter: No 0874/PTM - VP, dated: 2018-01-23

Recommended contents:

Regulations: Point b, Article 2 of Article 106 of the 2012 Labor Code: " Ensuring that the number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of applying regulation on weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day; overtime working hour shall not exceed 30 hours per month and 200 hours in 01 year, except for some special cases as regulated by the Government, the total number of overtime working hours shall not exceed 300 hours in 01 year".

The number of overtime working hours as stipulated at current is not appropriate, especially is for the direct production sectors. In fact, businesses need to work overtime when:

1. First: Many times when materials are brought to the factory by the fishermen, great season. Too many businesses can not refuse to receive, but when receiving for production, businesses will break the number of working hours, customers will criticize that businesses do not do right according to the Labor Code.

Second: If the production for delivering on time to customers, businesses must raise shifts to work, this leads to violate the number of overtime working hours.

Responded by units:

Official letter: , dated:

Responded contents:

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