On June 16, 2022, the Vietnam General Confederation of Labor issues the Official Dispatch No. 4359/TLD-QHLD on guidance on implementation of Resolution No. 17/2022/UBTVQH15.
In accordance with the Official Dispatch, the Vietnam General Confederation of Labor guides and orients trade unions at all levels on some contents of dialog and negotiation with employers when they organize overtime work. To be specific:
- Article 98 of the Labor Code stipulates minimum overtime wages and night pay that must be guaranteed when organizing overtime work.
So grassroots trade unions should negotiate with employers about overtime wages that are higher than these minimum overtime wages or night pay or the amounts that enterprises are paying to motivate, encourage and ensure the higher rights of employees.
- If the overtime in a shift is more than 03 hours, in addition to the regulations on the break hours between shifts, employers are required to arrange a break of at least 10 minutes every 90 minutes of overtime work, especially for employees working on continuous production lines.
- Trade unions at all levels shall propose and negotiate with enterprises interesting in providing meals with sufficient quality, balanced nutrition, food safety and hygiene and with values equal to or higher than the levels specified in Section 5 of Conclusion No. 03/KL-BCH dated January 18, 2022.
- Trade unions at all levels shall propose additional meals and light meals for employees after they finish their overtime work to recover their health.
- Trade unions at all levels shall propose enterprises to support child care for employees, especially employees with children aged under 06.
- Strengthen the ventilation and lighting system according to the standards
- Enterprises must regularly maintain equipment, machinery and tools that employees use every day to minimize incidents that may occur during work.In addition to the above contents, depending on the actual situation, opinions and recommendations of union members and employees, grassroots trade unions shall organize dialogues and negotiations with employers to promptly resolve the issues arising due to the adjustment of overtime hours.