Circular No. 18/LDTBXH-TT guiding overtime pay and night shift allowances

CIRCULAR

OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

I. ELIGIBILITY AND CONDITIONS FOR RECEIVING ALLOWANCES
overtime pay and night shift allowance

Implementing Decree No. 25/CP dated May 23, 1993 of the Government on the temporary wage system for civil servants, administrative and public service officials, and military personnel, and Decree No. 26/CP dated May 23, 1993 of the Government on the temporary wage system in enterprises; following the agreement of the Ministry of Finance in Circular No. 973 TC/CĐTC dated May 27, 1993, the Ministry of Labor, Invalids and Social Affairs guides the implementation of the overtime pay and night shift allowance system as follows:

A- OVERTIME PAY REGIME

I- Scope of Application:

Workers and officials in enterprises;

Civil servants, administrative and public service officials; cadres, workers, and officials working in Party and mass organizations' agencies (excluding the subjects specified in point b below) if truly necessary to work overtime shall be arranged compensatory leave; if compensatory leave cannot be granted, they will be paid overtime wages.

II. NON-ELIGIBLES

a) For workers and officials in enterprises, including:

Those working on transportation means: road (including car drivers), railway, river, sea, and air;

Those working on fishing vessels and seafood collection vessels;

Those holding leadership positions;

Workers and officials performing tasks paid according to unit price wages.

b) For civil servants, administrative and public service officials, including:

Those who have not worked the standard hours prescribed or whose standard hours cannot be prescribed;

Agency vehicle drivers;

Officers and those receiving salaries in the military forces.

II- CALCULATION OF OVERTIME PAY

Overtime pay is calculated according to the following formula:

Where:

Overtime on regular days is paid at 150% of the standard hourly wage;

Overtime on weekly rest days, holidays, and festivals is paid at 200% of the standard hourly wage.

In cases where overtime is performed on a holiday that does not coincide with a weekly rest day, in addition to the payment for the overtime hours, the holiday wage is also received according to the general regulations.

In cases where overtime is performed during nighttime hours from 10 PM to 6 AM, in addition to the payment for the overtime hours, the night shift allowance stipulated in Section B below is also received:

B- NIGHT SHIFT ALLOWANCE:

1. Scope of application:

Workers and officials in enterprises, including enterprises within the military forces (excluding officers and professional soldiers);

Civil servants, administrative and public service officials (including contractual laborers);

Cadres, workers, and officials in Party and mass organizations' agencies.

2- Calculation of Night Shift Allowance:

For the subjects specified in point 1 working nights from 10 PM to 6 AM, the night shift allowance is calculated according to the following formula:

Where:

The 40% rate applies to jobs that regularly work in shifts (three-shift system) or exclusively at night such as slaughterhouse workers, typesetters in printing factories, etc.

This Circular takes effect from April 1, 1993. All provisions contrary to this Circular are abolished./.

This Circular takes effect from April 1, 1993. All provisions contrary to the provisions of this Circular are abolished./.