Deciding to increase the “ceiling” of overtime to 60 hours per month

On the afternoon of March 23, the National Assembly Standing Committee approved a resolution to overtime in 1 month and 1 year of employees in the context of Covid-19 epidemic prevention and control and socio-economic recovery and development.

According to the resolution, regarding the number of overtime hours in a year, in case the employer needs and gets the employee’s consent, he/she may use the employee to work overtime for more than 200 hours but not more than 300 hours in a year. 1 year, except for the following cases: Employees from full 15 years old to under 18 years old; the employee is a mildly disabled person with a working capacity decrease of 51% or more, a severe disability or a particularly severe disability; female employees doing heavy, hazardous and dangerous occupations or jobs or doing occupations or jobs that adversely affect reproductive function and child rearing during pregnancy and notify the employer thereof.

Standing session of the National Assembly, “closing” to increase overtime in the month and year

Regarding the number of overtime hours in a month, in case the employer is allowed to use the employee to work overtime for up to 300 hours in a year, there is a need and consent of the employee, he may use the employee. overtime work over 40 hours but not more than 60 hours in 1 month.

Before the National Assembly Standing Committee passed this resolution, Minister of Labor, War Invalids and Social Affairs Dao Ngoc Dung explained and clarified some more contents. Accordingly, raising the ceiling of overtime in a month and a year aims to speed up the process of production and business recovery and socio-economic development.

According to Minister Dao Ngoc Dung, surveys in recent days show that the majority of businesses, employers and employees agree in that direction due to current practical needs.

In addition, practice shows that due to work pressure, many businesses have directly negotiated with employees to conduct part-time jobs. Because of this, the rights of employees are sometimes not guaranteed.

“The law clearly stipulates the policy on overtime, so when we make this issue public and transparent, the rights of employees will be guaranteed” – Minister Dao Ngoc Dung emphasized. strong.

Speaking at the meeting, National Assembly Vice Chairman Tran Quang Phuong emphasized that our overarching goal is to increase wages and reduce working hours for employees. According to Mr. Tran Quang Phuong, the Covid-19 epidemic is an opportunity for us to transform the growth model, but now that the working hours are increased, what will the application of science and technology in production look like? The Vice Chairman of the National Assembly also mentioned that the Government also set the principle of not trading the health and lives of workers for growth.

On the side of the verifying agency, Ms. Nguyen Thuy Anh, Chairman of the Social Affairs Committee, in the process of receiving and adjusting, had 2 types of opinions on the ceiling of overtime in 1 month.

The first type of opinion is that raising the ceiling of overtime in 1 month to no more than 72 hours is too high, but the drafting agency has not yet given a convincing basis, suggesting that the ceiling should only be raised. overtime in 1 month from no more than 40 hours to no more than 60 hours, corresponding to the application of the maximum overtime time in 1 year from 200 hours to no more than 300 hours. This is also the opinion chosen by the Vietnam General Confederation of Labor and the Central Vietnam Women’s Union to fulfill the goal of ensuring the health, regeneration of labor force and occupational safety of employees.

The second type of opinion agreed to raise the ceiling of overtime in 1 month from no more than 40 hours to no more than 72 hours as reported by the Government and said that this is a reasonable level in the current context. This is also the opinion of the Vietnam Federation of Trade and Industry, the Vietnam Association of Small and Medium Enterprises.

Because there are two different types of opinions, the Standing Committee of the Social Affairs Committee has consulted with the members of the Standing Committee of the National Assembly. Results 13/18 opinions agree with option 1; 5/18 opinions agree with option 2.

On the basis of the voting results, the Standing Committee of the Social Affairs Committee receives the opinions of the majority of the members of the Standing Committee of the National Assembly and prescribes overtime hours in a month in case the employer is allowed to use the employee. If an employee works overtime for a maximum of 300 hours in a year and has a need and consent of the employee, he or she may use the employee to work overtime for more than 40 hours but not more than 60 hours in a month.

Regulations on overtime hours in 1 month in this Resolution take effect from April 1. Regulations on overtime hours in a year take effect from January 1, 2022.