Regulations on overtime pay and night work pay

Employees shall be paid with wage, overtime pay, and night work pay. So how to calculate the night work pay? LuatVietnam shall have specific guidance.

1. Cases of night work pay

In accordance with Article 106, Labor Code 2019, Night working hours shall be counted from 22:00 hours of a day to 06:00 hours of the next day. Additionally, Article 107 also prescribes the overtime period as a working period in addition to the normal working time prescribed by law, collective labor agreements, or internal working regulations.

Therefore, employees receive night work pay in the overtime period in the cases as follows:

- Work in the overtime period which is in addition to normal working time.

- Work at night on the weekends.

- Work at night on holidays (Victory Day: April 30 of a calendar year, International Labor Day: May 1 of a calendar year, National Day: September 2 of a calendar year, Hung Kings’ death anniversary: the 10th of the third month of a lunar year). 

- Work at night on Tet holidays (Calendar new year holiday, Lunar new year festival).

- Work at night on paid leave days (Annual leaves, leaves for personal work).

Currently, Labor Code and guiding documents only prescribe the general provisions for overtime periods without specific provisions for overtime periods at night, so it can be seen that the overtime period at night is the same overtime period during the day and does not exceed the maximum overtime:

- Not exceeding 60 hours/month

- Not exceeding 300 hours/year, except for special cases.
 

2. How to calculate the night work pay?

Pay for overtime work at night shall be determined depending on working days in accordance with Article 57, Decree No. 145/2020/ND-CP as follows:

- Pay for overtime work at night for an employee who enjoys a time-based wage on normal workdays:

• Before working overtime at night, DON’T WORK overtime during normal workdays:

• Before working overtime at night, WORK overtime during normal workdays:

• Work at night on the weekends:

• Work at night on the holidays:

• Work at night on Tet holidays

• Work at night on the paid leave days:

3. Is the enterprise for overtime pay at night as on normal workdays?

In accordance with Article 94 of, the Labor Code, the employer shall be responsible for paying wages directly, fully, and timely to employees. Therefore, the employee shall be paid full wages in accordance with law provisions.

Fines shall be imposed on any employer that commits one of the following acts for failing to pay wages for overtime days as normal workdays in accordance with Clause 2, Article 17, Decree No. 12/2022/ND-CP as follows:

- A fine of between VND 5 million - VND 10 million:  Violations related to between 01 and 10 workers for failing to pay or paying inadequate wages for night work.

- A fine from VND 10 - 20 million: Violations related to between 11 and 50 workers for failing to pay or paying inadequate wages for night work.

- A fine from VND 20 - 30 million: Violations related to between 51 and 100 workers for failing to pay or paying inadequate wages for night work.

- A fine from VND 30 - 40 million: Violations related to between 101 and 300 workers for failing to pay or paying inadequate wages for night work.

- A fine from VND 40 - 50 million: Violations related to 301 workers or more for failing to pay or paying inadequate wages for night work.

The fines for violations are those to be imposed on individuals. The fines to be imposed on organizations shall be double the fines on individuals (Clause 1, Article 6, Decree No. 12/2022/ND-CP).

The employer must compel the employer to pay full wages of overtime work and the interest on the late payment or underpayment thereof to the employee. Calculated according to the highest demand deposit interest rate of the state commercial banks announced at the time the penalties are imposed on the violations.

Here is the guidance on overtime pay and night work pay