Ask:
Could you please tell me some new points about the overtime regulations of the Labor Code 2019 compared to the Labor Code 2012?
Reply:
Article 107 of the Labor Code 2019 on overtime work has some new points compared to the 2012 Labor Code as follows:
– The Labor Code 2019 has increased the number of overtime hours of employees to no more than 40 hours/month compared to the regulation of not exceeding 30 hours/month of the 2012 Labor Code.
– The 2019 Labor Code specifically stipulates that employers are allowed to employ employees to work overtime for no more than 300 hours/year in certain industries, occupations, jobs or cases: (i) Production, exporting textile, garment, leather, shoe, electrical, electronic products, agricultural, forestry, salt and fishery products; (ii) Production, supply of electricity, telecommunications, oil refining; water supply and drainage; (iii) In case of solving tasks that require highly qualified and technical labor that the labor market does not provide fully and promptly; (iv) In cases where urgent work must be resolved that cannot be delayed due to the seasonal nature or timing of raw materials or products, or to resolve work arising due to unforeseen objective factors, due to consequences of weather, natural disasters, fires, enemy sabotage, lack of electricity, lack of raw materials, technical problems of the production line; (v) Other cases prescribed by the Government. At the same time, when organizing overtime according to the above regulations, the employer must notify in writing the specialized labor agency under the Provincial People’s Committee.
The 2012 Labor Code stipulates that the number of overtime hours for employees must not exceed 200 hours/year, except for some special cases prescribed by the Government, when they are allowed to work overtime no more than 300 hours in 1 year.
