(Chinhphu.vn) – Overtime work exceeding 200 hours in a year is not contrary to the law if it is in the case of overtime work from over 200 hours to 300 hours per year.
Mr. Pham Van Quan (Son La province) is contract staff under Decree 68/2000 / ND-CP at a college. Mr. Quan has consulted the Labor Code and found that there is overtime regulation in a year not to exceed 200 hours, but Decree No. 05/2015 / ND-CP of the Government and Circular No. 23/2015 / TT- The MOLISA of the Ministry of Labor, Invalids and Social Affairs does not provide extra working hours.
Mr. Quan asked, if he worked overtime in excess of 200 hours a year, would the school pay extra work hours, and work at night?
Regarding this issue, the Ministry of Labor, Invalids and Social Affairs would like to answer Mr. Quan as follows:
Point b, Clause 2, Article 106 of the Labor Code stipulates: " To ensure that the overtime hours of the employee shall not exceed 50% of the normal working hours in 01 days, in case of application of working regulation on weekly basis, , the total normal working hours and the overtime hours shall not exceed 12 hours in a day, and less than 30 hours in 01 months and the total of not more than 200 hours in 01 year, except for some special cases stipulated by the Government for the overtime working but shall not be more than 300 hours in 01 years;"
The overtime work from over 200 hours to 300 hours per year is provided for in Clause 2, Article 4 of the Government's Decree No. 45/2013 / ND-CP of May 10, 2013, detailing a number of articles of Labor Code on working time, rest time and labor safety and labor sanitation.
Overtime work exceeding 200 hours in a year is not contrary to law if it is in the case of overtime work from over 200 hours to 300 hours per year.
- By : Online Newspaper of the Government / Translator: HaiYen-Bizic
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