In Vietnam, there are many differences in the working hours and working days between businesses. Many employees work the normal 8 hours/day, 5 days/week but there are also a large number of employees who work 10 hours/day, 6 days/week.
So, what are the regulations on working hours in Vietnam?
Article 105 of the Labor Code 2019 stipulated that:
"1. Normal working hours shall not exceed 08 hours per day or 48 hours per week.
2. 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 State encourages employers to apply 40-hour workweeks.
3. Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws."
According to Clause 1, Clause 2, Article 105 of the Labor Code 2019, the normal working hours of employees in Vietnam must not exceed 8 hours in a day and 48 hours in a week. This means that the employer can regulate that the employees work 8 hours a day in 6 days a week. According to the Labor Code 2019, it can also be understood that the normal working schedule from Monday to Friday (5 days a week) of most employees in Vietnam is not the maximum working days. Instead, the maximum number of working days a week is 6 days, from Monday to Saturday. However, the Government of Vietnam encourages employers to implement a 40-hour workweek or 5 days a week from Monday to Friday for employees.
Can an employee work past 8 hours a day in Vietnam?
The law stipulates that the normal working hours a day is 8 hours. However, this doesn't mean that 8 hours is the maximum of working hours that the employees can take. When problems arise that the employer needs the employees to solve and the solving time needed is past the 8 normal working hours, the employees are currently working overtime and the employer needs to pay them accordingly. In the labour contract and in the working regulations of the business, the employer has the right to determine the working time by day or week but they must notify the employee beforehand.
If the working time is specified in days, the maximum working time in a day is 8 hours;
If stipulating the working time by weeks, the maximum working time in a day is 10 hours.
Nonetheless, regardless of the working regime, all must not exceed 48 hours in a week.
Employers are responsible for ensuring that the working time limit for exposure to dangerous and harmful factors strictly complies with national technical regulations and relevant laws. Employees working outside of the hours determined to be normal working hours in accordance with the law, the collective labor agreement, or according to the labor regulations are counted as overtime. The employer's use of employees to work overtime must meet the conditions specified in Clause 2, Article 107 of the Vietnam Labor Law 2019.
Accordingly, the employee will work past 8 hours a day, and/or the employers can request the employee to work past the normal working hours if and only when the following conditions are met:
The employee agrees to work overtime;
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;
The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Source: CCIPV / Khuong Pham Duy / ASL LAW