On June 16th, 2022, the Vietnam General Confederation of Labour issued Official Letter No. 4359/TLD-QHLD, whereby:
If employers assign their employees to work overtime for 300 hours at most per year, they must be entitled to qualified cases as prescribed in Clause 1, Article 1, Resolution 17/2022/UBTVQH15 and Clause 3, Article 107, Labor Code 2019.
Permitted cases to assign their employees to work overtime for up to 300 hours per year may apply the overtime term from 40 hours to 60 hours per month from April 1st, 2022.
When organizing overtime work as prescribed in the above Resolution must still comply with other regulations related to the daily overtime term in the Labor Code 2019 and other guidance documents of the Labor Code (regulations on the limit term of overtime hours in a day; the salary to be paid when working overtime; the employee’s consent to participate in overtime work; make notice when the organize overtime works for over 200 hours per year…)
If the organization conducts overtime work from over 200 hours to 300 hours per year, the enterprise will have to notify the competent local state agency in charge of labor as regulated in Clause 4, Article No. 107, Labor Code, and Article No. 62, Decree No. 145/2020/ND-CP.
The term for applying the overtime limit under Resolution No. 17/2022/UBTVQH15 is to the end of December 31st, 2022, unless it is extended by the National Assembly.
