Can the rest time when overtime calculated?
Overtime is a period of work outside of normal working hours as prescribed by law, collective bargaining agreement or internal labor regulations.
Ms. Dang Thi Trong's company (Hanoi) works from Monday to Saturday and rests on Sunday. The shifts are divided as follows:
Shift 1: 8 am to 17 pm, if there is work that requires overtime, employers will work overtime from 5 pm to 8 pm (short break between 10 am and 10 am, 14 pm-14 pm with pay; lunch break at 12 pm-13 pm without pay).
Shift 2: 20:00-5:00 the next day, if there is work that requires overtime work, employers will work overtime from 5 am to 8 am (short break between 10 pm and 10 pm, 2 pm-2 pm with pay; night rest 24h-1h15 without pay).
Ms. Trong asked, if there is extra work that needs to be done on Sunday, is the time frame for lunch break from 12:00 to 13:00 and night rest from 24 to 1 h calculated to get salary?
In this regard, the Ministry of Labor, War Invalids and Social Affairs replied as follows:
In Clause 1, Article 106 of the Labor Code, overtime is a period of working time outside of normal working hours as prescribed in law, collective bargaining agreement or internal labor regulations.
Her question did not have enough information on the organization of the working shift (continuous shift), the rest time is counted in the working time according to the current law, so there is not enough basis to answer specifically. Pursuant to Article 4 of Decree No. 24/2014/ND-CP, ask her to supplement information, contact the local Department of Labor, War Invalids and Social Affairs for specific instructions.
By: Translator: LeAnh-Bizic
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