Standard working hours
According to current regulations, normal working hours do not exceed 8 hours/day and 48 hours/week. Many businesses apply a 44-hour/week regime (Saturday off) to increase competitiveness in recruitment.
Overtime pay rate
When employees work overtime, overtime wages are calculated at the following minimum rate (calculated based on the unit price of the actual hourly wage):
- Weekday: at least 150%.
- Weekly day off: at least 200%.
- Holidays, New Year, paid days off: at least 300% (not including salary for holidays, New Year, paid days off for employees receiving daily wages).
- Working overtime at night is also supplemented with a percentage of salary for working at night according to regulations.
Limit overtime hours
The number of overtime hours must not exceed 40 hours/month and no more than 200 hours/year; Some specific occupations (textiles, footwear, seafood processing, electronics...) are allowed to work up to 300 hours/year overtime but must comply with the conditions and notify the local labor management agency.
Arrange work shifts
Enterprises that organize shift work need to ensure a shift break of at least 12 hours before switching to another shift, and have a clear and public shift schedule for workers to proactively arrange their lives.
Rest time during work shift
Employees who work 6 consecutive hours or more are entitled to a break of at least 30 minutes (day shift) or 45 minutes (night shift), counted as working hours if working in continuous shifts.
Annual leave
Employees who work for 12 full months are entitled to 12 working days of annual leave with full pay (14-16 days for jobs that are heavy, toxic, dangerous or in remote areas). For every 5 years of working for an employer, 1 day of annual leave is added.
Why do businesses often violate without knowing it?
Many businesses calculate overtime wages incorrectly by applying the same percentage to all cases, or not accumulating correctly when overtime is on holiday nights. This is also one of the reasons many businesses choose outsourcing payroll services to ensure accurate and complete calculations.
Is overtime mandatory, do employees have the right to refuse? In principle, the employee's consent is required, except for some special cases prescribed by law (prevention of natural disasters, epidemics, serious incidents). Forcing to work overtime outside of these cases may be subject to administrative sanctions.
Will I get paid if I don't take all my annual leave? Yes. If due to resignation, job loss or other reasons, the employee has not taken all the days of annual leave, the employee will be paid salary for the days not taken.