How is the overtime work regulations? There are many overtime regulations in the labor code, impacting workers’ ability to learn the law and safeguard their own rights. Hong Bang Law Firm would like to send clients advice on regulations of overtime work.

Legal basis

• Labor Code 2019;
• Decree No. 145/2020/ND-CP elaboration of some articles of the labor code on working conditions and labor relations.

Overtime work conditions

Overtime work is the duration of work performed at any other time than during normal working hours, as indicated in the law, collective bargaining agreement or internal labor regulations of an employer. According to Clause 2, Article 107 of the Labor Code 2019, employers may employ workers working overtime when meeting the following requirements:

• The employee agrees to work overtime;
• The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;
• The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.

For the requirement to obtain the consent of the employee, article 59 of Decree No. 145/2020/ND-CP also stipulates that except for the cases specified in Article 108 of the Labor Code, other cases when organizing overtime work, the employer must obtain the consent of the employee participating in the work on the following contents:

• Overtime
• Placement for overtime work
• Overtime workload

For the exceptions in Article 108 of the Labor Code 2019 stipulating overtime in special cases and employees cannot refuse in the following cases:

• Execution of a conscription order for the purpose of national security or national defense as prescribed by law;
• Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.

Overtime work

Point b, c Clause 2 Article 107 of the Labor Code 2019 stipulates the number of overtime hours of employees as follows:

• No more than 50% of normal working hours in a day; in case of applying the regulation of normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day; No more than 40 hours in a month.
• Ensure that the number of overtime hours of employees shall not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of this Article.

Article 60 of Decree No. 145/2020/ND-CP provides exceptions for the total number of overtime hours. Article 107 of the Labor Code 2019 stipulates that the total number of overtime hours shall not exceed 50% of the normal working hours in a day when working overtime on a normal working day, except for the cases specified in Clauses 2 and 3 of this Article. Accordingly, Clause 2,3 of this Article stipulates the following:

• In case of applying the regulation of normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day.
• In case of working full-time as prescribed in Article 32 of the Labor Code, the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day.

In addition to Points a, b, c, d Clause 3 Article 107 of the Labor Code 2019 on cases where overtime is organized from 200 hours to 300 hours, Article 61 of Decree No. 145/2020/ND-CP also stipulates that some of the following cases are also organized to work from 200 hours to 300 hours:

• The works are urgent and cannot be delayed due to objective factors that are directly relevant to performance of state agencies and units, except the cases specified in Article 108 of the Labor Code.
• Provision of public services; medical services; educational and vocational training services.
• Production and business operation works at enterprises whose normal working hours do not exceed 44 hours per week.

The above advices are some of the regulation of labor law related to overtime work.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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