Regulations on overtime pay on weekdays, public holidays and at night

1. Overtime pay on weekdays and holidays

At Point c, Clause 1, Article 98 of the Labor Code 2019 stipulates, employees who work overtime are paid according to the salary unit price or actual salary paid according to the work they are doing as follows: On weekdays, at least at least equal to 150%; On weekly rest days, at least by 200%; On public holidays, New Year’s Day, paid rest days, at least equal to 300% excluding the salary for holidays, New Year’s Day and paid leave for employees who receive daily salary.

2. Overtime pay when a holiday coincides with a weekly rest day

Clause 3, Article 111 of the Labor Code 2019 stipulates that, if the weekly rest day coincides with a public holiday or New Year’s day specified in Clause 1, Article 112 of this Code, the employee is entitled to make up for the weekly rest on the working day. next job.

Clause 3, Article 55 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government stipulating that employees who work overtime on holidays and New Year’s Eve that coincide with weekly rest days are paid overtime pay. on holidays and festivals. In case of working overtime on a compensatory day off when a public holiday or Tet coincides with a weekly rest day, the employee shall be paid for overtime work on the weekly rest day.

Thus, if the salary when taking a break, the employee who goes to work on 5 days of the Lunar New Year will be paid as follows: If working during the day, receive at least 400% of the salary of the normal working day; working at night receive at least 490% of the salary of the normal working day.

Illustrated photo. Internet source.

3. Overtime pay at night

According to the provisions of Article 57 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020 detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and relationships. Employees, Clause 2, Article 98 of the Labor Code 2019, Employees who work at night are paid at least 30% of the salary calculated according to the salary unit price or the actual salary paid according to the work of the working day. normal work.

Employees who work overtime at night, in addition to the salary as prescribed above, the employee is also paid an additional 20% of the salary calculated according to the salary unit price or the salary according to the work performed during the day of the working day. normal or on a weekly holiday or on a public holiday or New Year’s Day.

In case the enterprise arranges employees to work overtime at night, in addition to paying the salary as prescribed in Clauses 1 and 2, Article 98 of the Labor Code 2019, it must also pay the employee 20% of the salary. calculated according to the unit price of salary or salary according to the work done during the day of a normal working day or of a weekly rest day or of a public holiday or New Year according to the provisions of Clause 3, Article 98 of the Labor Code 2019. .

Pursuant to the above provisions, in case enterprises require employees to work overtime at night of public holidays, New Year’s Day and paid rest days, they must pay overtime wages as follows:

Assuming the wage unit price or salary according to the employee’s work on a normal day is A, then:

– For employees receiving monthly salary, the salary for working overtime at night on public holidays, New Year’s Day, and paid rest days will be at least:

300%A + 30% A + 20% x (300%A) = 390%A

– For employees receiving daily salary, in addition to the salary of at least 390%A, the employee is also paid a salary for holidays, New Year’s Day, and paid holidays as prescribed.

4. Article 108. Labor Code 2019 stipulates, overtime in special cases

The employer has the right to require the employee to work overtime on any day without limitation on the number of overtime hours specified in Article 107 of this Code and the employee may not refuse the following cases:

– To carry out mobilization orders to ensure national defense and security tasks in accordance with law;

– Perform work to protect human life and property of agencies, organizations and individuals in preventing and overcoming consequences of natural disasters, fires, dangerous epidemics and catastrophes, except for the following cases: there is a risk of affecting the life and health of workers in accordance with the provisions of the law on occupational safety and sanitation.

According to Bao Ngoc