Official Dispatch 4359/TLD-QHLD 2022 implementation of Resolution 17/2022/UBTVQH15

In the implementation of the National Assembly Standing Committee’s Resolution No. 17/2022/UBTVQH15 dated March 24, 2022, on employees’ overtime working hours per year and per month in the context of COVID-19 prevention and control and socio-economic recovery and development (hereinafter referred to as the Resolution); pursuant to Official Dispatch No. 1312/LDTBXH-ATLD dated April 26, 2022, of the Ministry of Labor, Invalids and Social Affairs, on organizing the implementation of the Resolution, Presidium of the Vietnam General Confederation of Labor hereby provides guidance for Labor Confederations of provinces and cities, Trade Unions of sectors at the central level, and Trade Unions of Corporations affiliated to the Vietnam General Confederation of Labor to implement and supervise the implementation of the Resolution as follows:

1. To direct affiliated trade unions to coordinate with the labor, invalids and social affairs sector, and relevant agencies in, disseminating and propagandizing contents and spirits of the Resolution to all union members and employees, with priority given to the followings:

a) Cases where the employers may arrange overtime work for up to 300 hours per year for their employees are specified in Clause 1 Article 1 of the Resolution, and Clause 3 Article 107 of the 2019 Labor Code.

b) All employers, who are entitled to arrange overtime work for up to 300 hours per year for their employees, may arrange overtime work for between more than 40 hours and 60 hours per month for their employees from April 01, 2022.

c) When organizing the implementation of the regulations on overtime working hours in accordance with this Resolution, it is required to fully comply with other regulations on overtime work prescribed in the 2019 Labor Code and its guiding documents (the maximum overtime working hours in a day; overtime pay; contents on the employees’ consent to work overtime; notice on organizing overtime work for over 200 hours per year, etc.).

d) When organizing overtime work for between over 200 and 300 hours per year under Clause 1 Article 1 of the Resolution, employers must send a notice to the state agencies in charge of labor management in localities in accordance with Clause 4 Article 107 of the Labor Code, and Article 62 of Decree No. 145/2020/ND-CP, on implementation of a number of articles of the 2019 Labor Code, regarding working conditions and industrial relations.

dd) Resolution No. 17/2022/UBTVQH15 was formulated and promulgated on the basis of Resolution No. 30/2021/QH15 dated July 28, 2021, on the first session of the 15^th National Assembly. Therefore, provisions of this Resolution shall be implemented until the end of December 31, 2022, unless otherwise extended by the National Assembly.

2. To strengthen supervision, participate in inspection and examination of the implementation of the law on working time and rest time, in which, pay attention to monitoring the payment of hourly wages as prescribed; assurance of adequate processes to manage risks that may arise from overtime working; monitoring of employees’ health manifestations during overtime working; the organization of surveying employees when working overtime, etc.

3. To provide guidance and orientation for trade unions at all levels (especially the grassroots level) in terms of dialog and negotiation with employers when organizing overtime work. To be specific:

- According to Article 9 of the Labor Code, the wage for overtime work and night work is the minimum amount required when organizing overtime work for employees, therefore, the grassroots-level trade unions should negotiate with the employers about the wages for overtime work which are higher than the minimum wage, or higher than the ones the employee are enjoyed in order to encourage and better ensure the rights of employees.

- If the overtime in a shift is more than 3 hours, in addition to the provisions on mid-shift breaks, employers should arrange a break of at least 10 minutes after every 90 minutes of overtime work, especially for employees working on continuous production lines.

- Proposing and negotiating with enterprises in providing a shift meal with sufficient quality, nutritional balance, food safety and hygiene with a meal value equal to, or higher than the level specified in Section 5 of Conclusion No. 03/KL-BCH dated January 18, 2022, of the Executive Board of the Vietnam General Confederation of Labor, on continuing to implement Resolution No. 7c/NQ-BCH dated February 25, 201, of the Executive Board of the Vietnam General Confederation of Labor, on “Quality of employees’ shift meals”.

- Proposing to provide additional meals and snacks for employees after finishing overtime work to recover their health.

- Proposing enterprises to support childcare money for employees, especially those who are raising a child under 6 years of age.

- Strengthening the ventilation and lighting system according to the standards (reducing the temperature of the production area in summer by increasing the cooling fans, increasing the ventilation level in the factory; ensuring the illuminance and glare of the lighting system in accordance with standards and technical regulations.

- Regularly maintaining equipment, machinery and tools daily used by employees to minimize incidents that may occur during the working process.

In addition to the above-mentioned, grassroots-level trade unions shall, depending on the actual situation, opinions and recommendations of union members and employers, timely handle issues arising due to the adjustment of the overtime working hours, ensuring the employees’ legitimate interests and rights, security and political stability in the localities.

4. During the implementation of the Resolution, trade unions at all levels must promptly grasp the thoughts and aspirations of the collective of employees, especially the cases of collective work stoppage and strikes related to the adjustment of overtime working hours.

Labor Confederations of provinces and cities, Trade Unions of sectors at the central level and Trade Unions of Corporations affiliated to the Vietnam General Confederation of Labor are required to strictly implement this Guidance. Any difficulties arising in the course of implementation should be reported to the Vietnam General Confederation of Labor (through the Industrial Relations Board) for instructions.