HOW IS THE WORKING TIME OF THE LABOR REGULATED?

quyền lợi của người lao động làm việc không trọn thời gian

Normal working hours for employees under Clause 1, Article 104 of the 2012 Labor Code are “not exceeding 08 hours in a day and 48 hours in a week”.
In case of overtime, “Ensure the overtime of employees does not exceed 50% of normal working hours in 01 day, in case of applying the weekly working regulations, the total number of normal working hours and the number of overtime hours must not exceed 12 hours in a day; not more than 30 hours in a month and the total must not exceed 200 hours in a year, except for some special cases prescribed by the Government, the overtime may not be over 300 hours in 01 year “(Point b, Clause 2, Article 106 of the 2012 Labor Code)
Night working hours (Article 105, Labor Code 2012)
Nighttime working hours are calculated from 22:00 hrs to 6:00 hrs of the following day.
Overtime (Article 106, Labor Code 2012)
1. Overtime is a working time in addition to normal working hours prescribed in law, collective labor agreements or labor regulations.
2. Employers may employ laborers to work overtime when fully meeting the following conditions:
a) With the consent of the employee;
b) Ensure that the overtime working hours of employees do not exceed 50% of normal working hours in a day; in case of application of weekly working regulations, the total number of normal working hours and overtime hours are not. more than 12 hours in a day; no more than 30 hours in a month and a total of no more than 200 hours in a year, except for special cases prescribed by the Government, overtime must not exceed 300 hours in a year.
c) After each consecutive overtime work for many consecutive days in a month, the employer must arrange for the employee to take time off in compensation for the amount of time not taken.
3. The organization of overtime work from 200 hours to 300 hours in a year is prescribed as follows (Article 4, Decree 45/2013 / ND-CP):
a) The following cases are organized to work overtime:
– Producing, processing and exporting products of textiles, garments, leather, shoes, processing of agricultural, forestry and aquatic products;
– Producing, supplying electricity, telecommunications, oil refining; water supply and drainage;
– Other cases must solve urgent work, cannot be delayed.
b) When organizing overtime, the employer must send a written notice to a specialized agency that helps the People’s Committee of the province or city directly under the Central Government (hereinafter collectively referred to as the provincial People’s Committee). ) state management of labor locally.
Overtime in special cases (Article 107, Labor Code 2012)
The employer has the right to require the employee to work overtime on any day and the employee must not refuse in the following cases:
To execute orders of mobilization and mobilization to ensure defense and security tasks in a state of emergency in terms of national defense and security according to the provisions of law;
Carry out tasks to protect human life and property of agencies, organizations and individuals in preventing and overcoming consequences of natural disasters, fires, epidemics and disasters.
Legal grounds:
– Labor Code 2012;
– Decree 45/2013 / ND-CP.

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