Regulations On Working Hours In Vietnam - Employee Benefits & Compensation - Vietnam (2024)

In Vietnam, there are many differences in the working hours andworking days between businesses. Many employees work the normal 8hours/day, 5 days/week but there are also a large number ofemployees who work 10 hours/day, 6 days/week. The numbers ofworking hours and days can vary between businesses. So, what arethe regulations on working hours in Vietnam?

Article 105 of the Labor Code 2019 stipulated that:

"1. Normal working hours shall not exceed 08 hours perday or 48 hours per week.

2. An employer has the right to determine the daily orweekly working hours and inform the employees accordingly. Thedaily working hours shall not exceed 10 hours per day and notexceed 48 hours per week where a weekly basis is applied.

The State encourages employers to apply 40-hourworkweeks.

3. Employers shall limit the time of exposure to harmfulelements in accordance with relevant National Technical Regulationsand laws."

According to Clause 1, Clause 2, Article 105 of the Labor Code2019, the normal working hours of employees in Vietnam must notexceed 8 hours in a day and 48 hours in a week.

This means that the employer can regulate that the employeeswork 8 hours a day in 6 days a week.

According to the Labor Code 2019, it can also be understood thatthe normal working schedule from Monday to Friday (5 days a week)of most employees in Vietnam is not the maximum workingdays.

Instead, the maximum number of working days a week is 6 days,from Monday to Saturday.

However, the Government of Vietnam encourages employers toimplement a 40-hour workweek or 5 days a week from Monday to Fridayfor employees.

Can an employee work past 8 hours a day in Vietnam?

The law stipulates that the normal working hours a day is 8hours. However, this doesn't mean that 8 hours is the maximumof working hours that the employees can take.

When problems arise that the employer needs the employees tosolve and the solving time needed is past the 8 normal workinghours, the employees are currently working overtime and theemployer needs to pay them accordingly.

In the labor contract and in the working regulations of thebusiness, the employer has the right to determine the working timeby day or week but they must notify the employeebeforehand.

• If the working time is specified in days, the maximum workingtime in a day is 8 hours;
• If stipulating the working time by weeks, the maximum workingtime in a day is 10 hours.

Nonetheless, regardless of the working regime, all must notexceed 48 hours in a week.

Employers are responsible for ensuring that the working timelimit for exposure to dangerous and harmful factors strictlycomplies with national technical regulations and relevant laws.

Employees working outside of the hours determined to be normalworking hours in accordance with thelaw, the collective labor agreement, oraccording to the labor regulations are counted as overtime. Theemployer's use of employees to work overtime must meet theconditions specified in Clause 2, Article 107 of theVietnam Labor Law2019.

Accordingly, the employee will work past 8 hours a day, and/orthe employers can request the employee to work past the normalworking hours if and only when the following conditions aremet:

• The employee agrees to work overtime;
• The number of overtime working hours of the employee does notexceed 50% of the normal working hours in 01 day; in case of weeklywork, the total normal working hours plus overtime working hoursshall not exceed 12 hours in 01 day, and 40 hours in 01 month;
• The total overtime working hours do not exceed 200 hours in 01year, except for the cases specified in Clause 3.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.

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