What are the standard working hours in Vietnam?

In Vietnam, the standard working hours for employees working under normal conditions are:

• 8 hours per day
• 48 hours per week

Any hours beyond these are considered overtime hours.

Is overtime governed by law in Vietnam? If so, what are the specifics outlined by law?

In Vietnam, overtime is governed by law with specific regulations. The legal framework stipulates that the average working time should not exceed 8 hours per day and 48 hours per week. For overtime work, the following conditions apply:

• Employees may work overtime for no more than 50% of their regular daily working hours.
• The average overtime working hours must not exceed 12 hours per day.
• The total overtime work must not surpass 40 hours per month.
• Annually, the overtime limit is set at 200 hours.

These provisions ensure that employees’ extra working hours are regulated to maintain work-life balance and protect their well-being.

How is overtime payment calculated in Vietnam?

In Vietnam, the calculation for overtime payment is based on the employee's current job salary. The breakdown is as follows:

• Overtime on regular workdays is compensated at a minimum of 150% of the regular salary.
• Overtime on weekends is compensated at a minimum of 200%.
• Overtime on public holidays and paid leave days is compensated at a minimum of 300%.

For night work, employees receive an additional payment of 30% of their regular salary. If employees perform overtime work at night, they receive an extra 20%, calculated based on the regular daytime or weekend/public holiday salary.

How is the time off in lieu payment calculated in Vietnam?

Time off in lieu in Vietnam is considered a paid leave.

What are the eligibility rules for time off in lieu in Vietnam?

In Vietnam, employees are eligible for time off in lieu under the following conditions:

• They work on their weekly rest day.
• They work on public holidays or during annual leave days instead of receiving additional pay.
• There is an agreement between the employee and employer to take time off instead of receiving overtime pay.

Can employment agreements be backdated in Vietnam?

No, employment agreements cannot be backdated in Vietnam.