On March
23, 2022, the National Assembly Standing Committee issues the Resolution No.17/2022/UBTVQH15
on employees’ monthly, annual overtime hours in the context of prevention and
control of the COVID-19 pandemic and socio-economic recovery and development.
Accordingly,
the employer may request the employee for overtime work for more than 200 hours
but not exceeding 300 hours in 01 year in case of obtaining the employee’s
consent, except for the following cases:
- Employees
from full 15 years old to under 18 years old;
- Employees
being persons with mild disabilities who have lost 51% or more of their working
capacity and persons with serious or extremely serious disabilities;
- Employees
who practice or perform heavy, hazardous or dangerous occupations or jobs, or
extremely heavy, hazardous or dangerous occupations or jobs;
- The
female employee is at the 7th month or more of her pregnancy, or at the 6th month or
more of her pregnancy if she works in a highland, deep-lying, remote, border or
island area;
- The female employee is raising a child
under 12 months old.
This regulation
takes effect from January 1, 2022 and does not apply to the cases specified in
Clause 3, Article 107 of the Labor Code.
In addition, in
case the employer, who is allowed to use the employee for overtime for a
maximum of 300 hours in 01 year, requests and obtains the employee’s consent,
he/she may use the employee for overtime work for more than 40 hours but not
exceeding 60 hours in 01 month.
Department
of Enterprise Management.