WORKING HOURS, REST PERIOD, HOW IS REGULATED?

Working time and rest time is one of the basic conditions to ensure the health of employees as well as the quality of work. Regulations on this issue are the content that many employees are interested in to protect their legitimate rights and interests. Compliance with laws is a way for employees to protect themselves, and contemporaneously for employers to limit unworthy violations.

1.         Normal working hours

According to current laws, wormal working hours shall not exceed 08 hours per day or 48 hours per week.

The enterprise as an employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.

The 40-hour working week for employees is encouraged for the employer by the State.

2.         Working hours at night

In accordance with laws, employees who work in the period from 10 pm to 06 am is calculated into working hours at night.

3.         Overtime work

Employees is determined to work overtime when working in the other time than during normal working hours, as indicated in the laws, collective bargaining agreement or internal labor regulations of an employer.

An employer has the right to request an employee to work overtime when all of the following conditions are met:

–           The employee agrees to work overtime;

–           Ensure the number of overtime hours of employees in accordance with the provisions of law.

In which, the number of overtime hours that the employer is allowed to designate the employee to work for is specified as follows:

–           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.

–           Employers may only organize overtime work from over 200 hours or 300 hours (for special occupations) in a year if they fall into the following cases and must notify in writing of this to the competent agency.

>> FOREIGN DIRECT INVESTMENT INTO VIETNAM AND INVESTMENT CAPITAL TRANSFER https://linconlaw.vn/foreign-direct-investment-into-vietnam-and-investment-capital-transfer/

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4.         Rest time

Employees have the right to take leave but still be paid in the following cases:

–           Rest breaks during working hours.

–           Breaks between shifts.

–           Weekly breaks.

–           Public holidays.

–           Annual leave.

–           Personal leave, unpaid leave.

–           Leave to ensure the health of female employees.

–           Other cases as prescribed by law, internal labor regulations and/or collective labor agreement.