Nghị quyết 17/2022/UBTVQH15

RESOLUTION

ANNUAL AND MONTHLY OVERTIME HOURS ENSURING COVID-19 PREVENTION AND CONTROL, SOCIO-ECONOMIC RECOVERY AND DEVELOPMENT

STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, some Articles of which are amended by the Law No. 65/2020/QH14;

Pursuant to the Labor Code No. 45/2019/QH14;

Pursuant to resolution No. 30/2021/QH15 dated July 28, 2021 of the first session of the 15^th National Assembly;

RESOLVES THAT:

Article 1. Annual overtime hours

1. Employers are permitted to assign their employees to work overtime for over 200 hours but not exceeding 300 hours per year if this is agreed upon by both the employer and the employees, except the following cases:

a) Employees aged between 15 and under 18;

b) Employees having mild disabilities with work capacity reduction of least 51% or employees with severe disabilities or extremely severe disabilities;

c) Employees doing arduous, hazardous, dangerous or extremely arduous, hazardous or dangerous works;

d) Female employees in their 7^th month of pregnancy onward (or the 6^th month of pregnancy onward in case they work in the highlands, remote areas, bordering areas or islands);

dd) Female employees nursing children aged under 12 months.

2. Clause 1 of this Article does not apply to the cases specified in Clause 3 Article 107 of the Labor Code.

Article 2. Monthly overtime hours

Employers that are permitted to assign their employees to work overtime for up to 300 hours per year may assign their employees to work overtime for more than 40 hours but not exceeding 60 hours per month if this is agreed upon by both the employer and the employees.

Article 3. Organization of implementation

1. The implementation of regulations on overtime hours of this resolution shall comply with other relevant regulations of the Labor Code.

2. When organizing overtime work as prescribed in Clause 1 Article 1 of this resolution, the employer shall send a written notification to the labor authority of the People’s Committee of the province in accordance with Clause 4 Article 107 of the Labor Code.

3. Employers shall implement measures for improving productivity and other measures for minimization of overtime work. In case overtime work is necessary, employers shall provide benefits that are more advantageous to their employees than those prescribed by labor laws.

4. The Government, the Ministry of Labor, War Invalid and Social Affairs, other Ministries, central authorities and local authorities shall provide instructions and organize the implementation of this resolution within their jurisdiction.

5. Vietnam General Confederation of Labor shall increase dissemination of information, instruct trade unions at all levels to supervise the implementation of this Resolution, protect interests of employees, promote negotiation and conclusion of collective bargaining agreements and agreements on assurance of welfare of employees during the implementation of this resolution.

6. Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance and other representative organizations of employers shall increase dissemination of information about implementation of this Resolution among employees while ensuring harmonious rights and interests of the parties to labor relations; provide assistance and improve benefits for employees to overcome difficulties and contribute to restoration of production and socio-economic development.

Article 4. Effect

1. This Resolution comes into force from April 1, 2022, except Clause 2 of this Article.

2. Clause 1 Article 1 of this Resolution comes into force from January 01, 2022.

This Resolution is ratified by Standing committee of the 15^th National Assembly of the Socialist Republic of Vietnam during its 9^th session on March 23, 2022.