Ministry of Labor, Invalids and Social Affairs guides the implementation of regulations on overtime

The Ministry of Labor, Invalids and Social Affairs has issued Document No. 1312/LĐTBXH-ATLĐ guiding the implementation of Resolution 17/2022 of the UBTVQH15 on increasing overtime hours in the context of economic recovery.
Implementing Resolution No. 17/2022/UBTVQH15 dated March 24, 2022 of the National Assembly Standing Committee on the number of overtime hours in a year and a month for employees in the context of COVID-19 prevention and control and socio-economic recovery and development, the Ministry of Labor, Invalids and Social Affairs requests the Departments of Labor, Invalids and Social Affairs of provinces and centrally run cities to preside over and coordinate with the provincial Labor Federations and relevant agencies to disseminate and guide the implementation of the Resolution in the management area, in which, note the following contents:
– Cases in which employers are allowed to employ employees to work overtime for a maximum of 300 hours in 01 year are those specified in Clause 1, Article 1 of the Resolution and Clause 3, Article 107 of the Labor Code.
– All cases of overtime of up to 300 hours in 01 year are allowed to work overtime from over 40 hours to 60 hours in 01 month from April 1, 2022.
– When implementing the regulations on overtime hours according to the Resolution, the organization must still fully comply with other regulations on overtime in the Labor Code and documents guiding the Labor Code (regulations on the limit on the number of overtime hours per day; wages to be paid for overtime; contents on the consent of employees to participate in overtime; notification when the organization works overtime for more than 200 hours in 01 year;…).
– When organizing overtime from 200 to 300 hours in 01 year as prescribed in Clause 1, Article 1 of the Resolution, the employer must notify the Department of Labor, Invalids and Social Affairs as prescribed in Clause 4, Article 107 of the Labor Code and Article 62 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations.
– The provisions of Resolution 17/2022/UBTVQH15 shall be implemented until December 31, 2022, unless the National Assembly decides to extend the implementation period.

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