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MOLISA responds to recommendation of rising overtime hours

Fri, 11 Aug 2017 18:12:09 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Send comments to the second session, the XIV National Assembly, voters of Ho Chi Minh City proposed to reconsider the regulation of overtime for plastic workers, overtime or hourly employment, so there is an agreement between workers and employers.

According to voters, many workers want to work 12 hours a day to increase their income, because the application of automatic technology makes workers less labor-intensive by overtime.

Regarding this issue, The Ministry of Labor, Invalids and Social Affairs answers as follows:

Clause 2, Article 106 of the Labor Code provides that employers may employ laborers to work overtime when they fully meet the following conditions:

- Obtaining the employee’s consent;

- Ensuring that the number of overtime working hours of the employee does not exceed 50% of the normal working hours per day; in case of applying regulations on weekly work, the total of normal working hours and overtime working hours must not exceed 12 hours per day; does not exceed 30 hours per month and the total of overtime working hours must not exceed 200 hours per year, except some special cases as stipulated by the Government in which overtime working hours must not exceed 300 hours per year;

The agreement is the principle laid down in the Labor Code. According to the provisions of the Labor Code, a labor contract (including the content of working time and rest time) is an agreement based on the principles of voluntariness, equality, goodwill, act, honest, free to enter but not be contrary to law, collective labor agreement and social morality.

The formulation of the legislation on overtime should be scrutinized in many respects, such as the scientific basis, the practices related to workers' health, working lives, resting rehabilitation of workers' health, accident prevention due to prolonged working hours, social problems, work life balance (child care, housework), national unemployment, productivity or performance of work, international law that Vietnam is a signatory and join member...

In addition, in order to avoid trade barriers, anti-dumping duties and forced labor on international integration, it is necessary to avoid the reason for increasing overtime to increase living standards when developing regulations on overtime.

Regarding the increase in the number of overtime hours for plastics workers, the Labor Code 1994, the Labor Code 2012 stipulates that the overtime limit must not exceed 200 hours in a year, in special cases as stipulated by the Government, it shall be not over than 300 hours in a year.

During the preparation of the Labor Code in 2012, the Ministry of Labor, Invalids and Social Affairs has also proposed a plan to raise the overtime limit but was not approved by the National Assembly.

Due to the decision on the number of overtime hours in the Labor Code, which is under the National Assembly's consideration and decision-making authority, the current law provisions on working time limits must be complied with.

The Ministry of Labor, Invalids and Social Affairs has proposed a plan to increase overtime hours in the draft Law amending and supplementing the Labor Code and is conducting further research and assessment on the basis of science and health practices. Employment, work and life balance ... in order to achieve the social consensus submitted to the Government for submission to the National Assembly for decision.

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

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