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When is the time for calculation of night work hours?

Mon, 20 Feb 2017 08:59:54 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Mr. Nguyen Truong Giang (Hochiminh, email: giangnguyen6272@...) has been working in a foreign company. Time for night work is from 22 PM on the previous day to 6 AM on the next day. Sometime, he is requested to work overtime from 20 PM to 22 PM, then he starts to work for his night shift from 22 PM on the previous day to 6 AM on the next day.

Time to do overtime from 20 PM to 22 PM, but the company only calculates overtime for Mr. Jiang is 150% (coefficient of overtime on normal days) + 30% (extra night).

Mr. Giang asked, Is it right if his company does not calculate additional amount equal to 20% of his wage according to the Clause 3, article 97 of the Labor Code?

 Lawyer Tran Van Toan, Khanh Hung Layer Office - Hanoi Bar Association Nguyen Truong Giang answered as follows:

In accordance with Article 97 of the Labor Code::

1. An employee who performs overtime work must be paid according to the wage unit or wage for his/her current job as follows:

a/ On normal days, at least equal to 150%;

b/ On weekends, at least equal to 200%;

c/ On public holidays and paid leave days, at least equal to 300%, excluding the wage for public holidays and paid leave days of employees who receive daily wages.

2. An employee who performs night work must be paid with an additional amount at least equal to 30% of the wage calculated according to the wage unit or the wage for a job performed during normal workdays.

3. An employee who performs overtime work at night must be paid under Clauses 1 and 2 of this Article. He/she must be paid with an additional amount equal to 20% of the wage calculated according to the wage unit or the wage for a job performed during daytime.

Article 105 of the labor Code prescribes that working hours at night are counted from 22:00 PM on the previous day to 06:00 AM on the next day.

Mr.  Nguyen Truong Giang who has worked overtime from 20:00 PM to 22: 00 PM are not working hours at night. Therefore, it is right when the company hasn’t paid him additional 20% of his wage according to the work day as the provision.

 

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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