Conditions for enterprises to register to work 300 hours/year

DNHN - Many firms need overtime labour for up to 300 hours each year to guarantee the development of the task.

According to Clause 3 of Article 107 of the Labor Code 2019 and Article 1 of Resolution 17/2022/UBTVQH15, firms will be permitted to mobilize workers to work up to 300 hours per year of overtime if the following requirements are completely met: Employee approval is required, and there is a requirement to hire overtime employees for up to 300 hours per year.

People can work more than 300 hours a year in some sectors, professions, or situations, like making and processing textiles, clothing, leather, processing agricultural, forestry, salt, and fisheries goods, making and processing power, telecommunications, and more.

The following personnel shall not be deployed to work more than 300 hours per year in the remaining cases: employees between the ages of 15 and 18 years old; Workers with moderate impairments fell from 51% to 49% of those with severe or especially severe disabilities.

Employees perform difficult, hazardous, or dangerous labour, or work in exceptionally difficult, poisonous, or hazardous conditions.

According to Clause 4, Article 107 of the Labor Code 2019 and the instructions in Article 62 of Decree 145/2020/ND-CP, firms must carry out the following steps to arrange overtime employees for up to 300 hours each year.

Employees' permission Agreements may be reached in several ways.

Notify the Provincial People's Committee's specialized labour agency about the arrangement of 300 hours of overtime each year.

The notification should be sent to the Department of Labor-Invalids and Social Affairs at the following locations: Where overtime labour is scheduled for more than 200–300 hours per year, the location of the corporate headquarters is as follows: If the headquarters are in a province or a centrally managed city, it is not the same as the location where overtime labour is scheduled for more than 200 to 300 hours per year.

Notification must be made in writing by Form No.02/PLIV in Appendix IV of Decree 145/2020/ND-CP.

This is what Clause 4, Article 107 of the Labor Code says: if an employer wants to hire someone who works overtime for more than 300 hours per year, he or she must write to the Department of Labor and Social Affairs.

If employees are mobilized to work overtime for up to 300 hours per year without notifying the competent authority, the employer will be sanctioned by Point b, Clause 1, Article 18 of Decree 12/2022/ND-CP: A fine of between VND 2 million and VND 5 million shall be imposed on the employer for one of the following acts: failing to notify in writing the Department of Labor-Invalids and Social Affairs where the overtime work is organized and the location of the head office on the organization of overtime from more than 200 hours to 300 hours in a year.

Individual employers that breach this legislation will face fines ranging from 2 to 5 million VND. A clause in the Decree 12/2022/ND-CP says that employers who break the law will be fined between 4 and 10 million VND.

 NLD