Dispatch No. 4359/TLD-QHLD dated June 16th, 2022 of the Vietnam General Confederation of Labor guidance on implementation of Resolution No. 17/2022/UBTVQH15

To apply in accordance with regulations on overtime working hours under Resolution No. 17/2022/UBTVQH15, Vietnam General Confederation of Labor provides these notes for enterprises:

- The overtime cap of 300 hours/year is only applied to the cases regulated at clause 1 Article 1 of Resolution No. 17/2022/UBTVQH15 and clause 3 Article 107 of 2019 Labor Code.

- All employees who are permitted to work overtime for up to 300 hours/year are permitted to work overtime for more than 40 hours to 60 hours/month from April 1st, 2022.

- Upon organizing the implementation of the regulations on overtime hours according to Resolution No. 17/2022/UBTVQH15, enterprises must fully comply with other regulations on overtime hours prescribed in 2019 Labor Code and guidelines on the Labor Code (such as regulations on daily overtime hour limit; overtime pay; contents of employee’s agreement to work overtime, etc.).

- When organizing overtime work for from more than 200 hours to 300 hours/year, enterprises must send notifications to state labor management authorities in their provinces as prescribed in clause 4 Article 107 of the Labor Code and Article 62 of Decree No. 145/2020/ND-CP .

- The regulations on application of the overtime cap under Resolution No. 17/2022/UBTVQH15 are implemented until the end of December 31st, 2022, except for the case that the National Assembly decides to extend implementation period.

In addition, Vietnam General Confederation of Labor also recommends grassroots trade unions to negotiate with enterprises about application of benefits higher than those under regulations to motivate, encourage employees such as: paying overtime wages that are higher than the regulatory minimum overtime wages; extending break hours between shifts for employees working on continuous production lines; paying attention to provide meals with sufficient quality; providing additional meals; providing support child care for employees, etc.