Circular No. 15/2003/TT-BLDTBXH on guiding the implementation of overtime work as prescribed in Government Decree No. 109/2002/NĐ-CP dated December 27, 2002

CIRCULAR

Regarding guidance on implementing overtime work as prescribed

by Decree No. 109/2002/NĐ-CP of the Government dated December 27, 200227/12/2002of the Government

Implementing Decree No. 109/2002/NĐ-CP of the Government dated December 27, 2002 regarding amendments and supplements to certain articles of Decree No. 195/CP dated December 31, 1994 detailing and guiding the implementation of certain provisions of the Labor Code concerning working hours and rest time, after receiving comments from the Ministry of Health, the Ministry of Finance, the Vietnam General Confederation of Labor, and relevant agencies, the Ministry of Labor, Invalids and Social Affairs hereby provides guidance on implementing overtime work as follows:

I. OBJECTS AND SCOPE OF APPLICATION

The subjects applying for overtime work as stipulated in Clause 2, Article 1 of Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government include:

1. Workers employed under labor contracts in accordance with the amended and supplemented Labor Code in enterprises, agencies, and organizations listed below:

a. Enterprises established and operating under the Law on State-Owned Enterprises, including production and business enterprises, public service enterprises, and enterprises belonging to the armed forces;

b. Enterprises established and operating under the Enterprise Law, including limited liability companies, joint stock companies, partnerships, and private enterprises;

c. Enterprises operating under the Law on Foreign Investment in Vietnam, including joint ventures and wholly foreign-owned enterprises;

d. Enterprises of political organizations and political-social organizations;

e. Individual households engaged in production and business, and cooperative groups;

f. Administrative agencies, public institutions, political organizations, political-social organizations, occupational-political-social organizations, other social organizations, and the armed forces, including organizations and units permitted to engage in production, business, and services within administrative agencies, public institutions, the Party, mass organizations, and people's associations that self-finance;

g. Semi-public, privately-run, and individual establishments in cultural, health, education, training, scientific, sports, and other public service sectors;

h. Commune, ward, and town health stations;

i. International or foreign organizations operating in Vietnam and employing Vietnamese workers, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise;

j. Other organizations employing workers not specified in Clause 1 above.

2. Workers and members of cooperatives who work and receive wages under labor contracts in accordance with the amended and supplemented Labor Code in cooperatives established and operating under the Law on Cooperatives.

3. Enterprises, agencies, and organizations mentioned in Clause 1 and cooperatives mentioned in Clause 2 above shall be collectively referred to as enterprises and units hereinafter.

II. PROVISIONS ON OVERTIME HOURS

1. Conditions and principles for overtime up to 200 hours in a year:

Enterprises and units may organize for each worker to work overtime up to 200 hours in a year when ensuring the following conditions and principles:

1.1 Conditions for overtime up to 200 hours in a year:

a. Handling production accidents;

b. Resolving urgent tasks that cannot be delayed;

c. Promptly processing fresh products, construction projects, and products with strict requirements that cannot be interrupted;

d. Resolving tasks requiring highly skilled technical labor that the labor market cannot adequately supply in a timely manner.

1.2 Principles when organizing overtime up to 200 hours in a year:

a. Must agree individually with each worker working overtime according to Model No. 1 attached hereto;

b. The number of overtime hours in a day shall not exceed four hours; for workers in particularly arduous, hazardous, or dangerous jobs, the number of overtime hours in a day shall not exceed three hours;

c. The total number of overtime hours in a week shall not exceed sixteen hours; for workers in particularly arduous, hazardous, or dangerous jobs, the total number of overtime hours in a week shall not exceed twelve hours;

d. The total number of overtime hours over four consecutive days shall not exceed fourteen hours; for workers in particularly arduous, hazardous, or dangerous jobs, the total number of overtime hours over four consecutive days shall not exceed ten hours;

e. Workers must have at least one day off (twenty-four continuous hours) per week. In special cases due to work cycles preventing weekly rest, at least four days off must be guaranteed monthly;

f. If a worker works more than two hours of overtime in a day, they must be given at least thirty minutes of rest before commencing overtime, which is included in the overtime hours;

g. Ensuring workers have sufficient rest or compensatory leave for national holidays, annual leave, and other paid leave as prescribed by current laws;

h. Adhering strictly to the provisions of Articles 115, 122, and 127 of the amended and supplemented Labor Code prohibiting or limiting overtime for female workers, underage workers, and disabled workers;

i. Paying overtime wages and other related benefits in accordance with current laws.

2. Conditions and principles for overtime up to 300 hours in a year:

2.1 Enterprises and units engaged in production or processing goods for export, including textile, garment, leather, footwear, and seafood processing, may organize overtime from more than 200 to 300 hours in a year, provided they fulfill the following conditions and principles:

a. Conditions for overtime from more than 200 to 300 hours in a year: when urgent tasks cannot be delayed due to the urgent needs of production, seasonal production characteristics, or unforeseen external factors, and even after organizing overtime up to 200 hours, the workload cannot be completed.

b. Principles when organizing overtime from more than 200 to 300 hours in a year:

- Fulfilling all the principles and conditions set out in Point 1.2 of Clause 1 above;

- Agreeing with the Trade Union Committee or the Temporary Trade Union Committee at the enterprise or unit on the overtime plan according to Model No. 3 attached hereto.

2.2. Enterprises and other units that have a need to work overtime from more than 200 hours to 300 hours in a year must submit a request for permission to the Ministries, Sectoral Agencies, and Provincial People's Committees according to Model No. 2 attached hereto.

3. In cases where consequences of natural disasters, enemy activities, fires, or widespread epidemics need to be addressed.

Enterprises and units are permitted to mobilize workers to work overtime beyond four hours in a day when addressing serious consequences caused by natural disasters, enemy activities, fires, or widespread epidemics within their enterprises or units, but such arrangements must be agreed upon by the workers. These additional hours are not counted towards the total annual overtime hours, but must be compensated with wages and other benefits related to overtime work in accordance with current laws.

III. IMPLEMENTATION

1. Responsibilities of enterprises and units:

- Incorporate provisions regarding overtime work into labor regulations and collective labor agreements consistent with the business operations of the enterprise or unit. Based on this, publicly display them so that workers are aware and can comply.

- Must develop production and business plans closely aligned with the actual annual production and business activities of the enterprise or unit to minimize overtime work as much as possible. When organizing overtime work, they must strictly adhere to the provisions of this Circular.

- For workers who are arranged to work many overtime hours in a year, the enterprise or unit must pay attention to their health, conduct regular health check-ups, and provide reasonable rest periods to ensure their long-term health.

- Report to the Department of Labor, Invalids, and Social Affairs at the local province or city where the enterprise or unit has its main office about the situation of overtime work in the year.

2. Responsibilities of Ministries, Sectoral Agencies, and Provincial People's Committees:

- Direct relevant state agencies under their jurisdiction to disseminate, urge, guide, inspect, and supervise the implementation of this Circular.

- Direct relevant agencies responsible for receiving requests for permission and issuing decisions allowing enterprises and units to work overtime from more than 200 hours to 300 hours in a year. Within fifteen days from the date of receipt of the request, they must respond to the enterprises or units according to Model No. 4 attached hereto.

3. Responsibilities of the Department of Labor, Invalids, and Social Affairs:

- Coordinate with the Trade Union Federation of the province or city to regularly urge, inspect, and supervise overtime work; at the same time, strengthen inspection work, and if serious violations of overtime work are discovered, they must handle them strictly.

- Receive requests for permission and submit them to the Provincial People's Committee for decisions allowing enterprises and units to work overtime from more than 200 hours to 300 hours in a year.

- Summarize and report semi-annually and annually to the Ministry of Labor, Invalids, and Social Affairs on the implementation of overtime work in the year by enterprises, agencies, and organizations operating in their jurisdiction.

4. This Circular shall take effect fifteen days after its publication in the Official Gazette.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.

 

FORM NO. 1

(Issued together with Circular No. 15/2003/TT-BLDTBXH dated June 3, 2003 of the Ministry of Labor, Invalids, and Social Affairs)

EMPLOYEE AGREEMENT FOR OVERTIME WORK
OVERTIME WORK

- Duration of overtime work: From ... to ... month ... year ...

- Location of overtime work:...

..., day... month... year ...

 

MODEL NO. 2

(Issued together with Circular No. 15/2003/TT-BLDTBXH dated June 3, 2003 of the Ministry of Labor, Invalids, and Social Affairs)

Respectfully submitted to: (1)...

To implement the production and business plan for the year ..., the enterprise (unit) ... has some occupations and jobs that require working overtime from more than 200 hours to 300 hours in a year (attached proposal) (2)

We respectfully request the Ministry (Sectoral Agency, Provincial People's Committee) ... to consider and approve permission for the enterprise (unit) to organize overtime work according to the above proposal.

[1]. The request for permission is made in two copies:

- One copy retained by the enterprise or unit;

- One copy sent to the competent authority:

+ Ministry or Sectoral Agency for enterprises, agencies, and organizations under their management;

+ Department of Labor, Invalids, and Social Affairs for other enterprises, agencies, and organizations.

2. The proposal for working overtime from more than 200 hours to 300 hours in a year must follow the guidelines provided in Model No. 3 attached hereto.

MODEL NO. 3

(Issued together with Circular No. 15/2003/TT-BLDTBXH dated June 3, 2003 of the Ministry of Labor, Invalids, and Social Affairs)

MINISTRY, SECTORAL AGENCY, LOCALITY: ...

Enterprise, Unit ...

PROPOSAL FOR WORKING OVERTIME FROM MORE THAN 200 HOURS TO 300 HOURS IN A YEAR

Year …

1. Job titles and occupations requiring working overtime from more than 200 hours to 300 hours in a year:

Note: These reasons must be consistent with the conditions stipulated in Point 2.1 Clause 2 Section II of Circular No. ...).

2. Commitments when implementing working overtime from more than 200 hours to 300 hours/year:

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Note:

- These commitments must not contravene the principles stipulated in Point 2.1 Clause 2 Section II of Circular No. ...);

- Encourage expanding beneficial agreements for employees participating in overtime work, such as increasing material benefits, providing meals during work, and enhancing health checks...

3. Opinion of the Trade Union Branch Executive Committee or Temporary Trade Union Branch Executive Committee at the enterprise or unit

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..., day... month... year ...

 

MODEL NO. 4

(Issued together with Circular No. 15/2003/TT-BLDTBXH dated June 3, 2003 of the Ministry of Labor, Invalids, and Social Affairs)

Respectfully submitted to: Enterprise (unit)...

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The contents outlined in this section include:

- Occupations and jobs permitted to work overtime from more than 200 to 300 hours in a year;

- Occupations and jobs not permitted to work overtime from more than 200 hours to 300 hours in a year. State the reasons for non-approval.