Resolution 17/2022/UBTVQH15 on employees’ monthly, annual overtime hours in the context of COVID-19 prevention and socio-economic development

RESOLUTION

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^[1]

THE NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly which had a number of articles amended and supplemented under Law No. 65/2020/QH14;

Pursuant to Labor Code No. 45/2019/QH14;

Pursuant to Resolution No. 30/2021/QH15 of July 28, 2021, of the 1^st session of the 15^th National Assembly;

RESOLVES:

Article 1. Overtime working hours per year

1. If having demand and after obtaining their employees’ consent, employers may arrange overtime work for between over 200 hours and 300 hours per year for their employees, except:

a/ Employees aged from full 15 years to under 18 years;

b/ Employees being persons with mild disabilities who have lost 51% or more of their working capacity and employees being persons with serious or extremely serious disabilities;

c/ Employees performing heavy, hazardous or dangerous occupations and jobs or extremely hard, hazardous and dangerous occupations and jobs;

d/ Female employees from the 7^th month of pregnancy, or from the 6^th month of pregnancy for those working in highland, deep-lying, remote, border or island areas;

dd/ Female employees who are raising a under-12-month child.

2. Clause 1 of this Article shall not apply to the cases specified in Clause 3, Article 107 of the Labor Code.

Article 2. Overtime working hours per month

If having demand and after obtaining their employees’ consent, employers that are entitled to arrange overtime work for up to 300 hours per year for their employees may arrange overtime work for their employees for between over 40 hours and 60 hours per month.

Article 3. Organization of implementation

1. The application of the regulations on overtime working hours in this Resolution must fully comply with other relevant provisions of the Labor Code.

2. When organizing overtime work under Clause 1, Article 1 of this Resolution, employers shall send a written notice to specialized agencies in charge of labor affairs under provincial-level People’s Committees as specified in Clause 4, Article 107 of the Labor Code.

3. Employers shall apply measures to increase labor productivity and other measures to reduce overtime work; in case of necessity to organize overtime work, employers shall apply welfare policies so as to ensure that employees are entitled to better benefits compared to those prescribed by the labor law.

4. The Government, the Ministry of Labor, Invalids and Social Affairs, ministries, sectors and local administrations shall, within the ambit of their tasks and powers, guide and organize the implementation of this Resolution.

5. The Vietnam General Confederation of Labor shall increase public communication and information and direct and guide trade unions at all levels to supervise the implementation of this Resolution, protect employees’ interests, promote dialogues and negotiations and conclusion of collective labor agreements and other agreements to ensure welfare for employees during the implementation of this Resolution.

6. The Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and other representative organizations of employers shall increase public communication to provide information to employers for them to implement this Resolution and, at the same time, ensure the harmony of rights and interests between related parties in industrial relations, support and increase welfare benefits for employees to overcome difficulties, contributing to production recovery and socio-economic development.

Article 4. Effect

1. This Resolution takes effect on April 1, 2022, except Clause 2 of this Article.

2. Clause 1, Article 1 of this Resolution takes effect on January 1, 2022.

This Resolution was passed on March 23, 2022, by the Standing Committee of the XV^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

On behalf of the National Assembly Standing Committee
Chairman of the National Assembly
VUONG DINH HUE