WORKING HOURS

Normal working hours

1. Working hours shall not exceed 08 hours per day or forty eight (48) hours per week.

2. The employer shall have the right to determine the working hours on a daily or a weekly basis; in case of weekly basis, the normal working hours shall not exceed 10 hours/1 day, but not exceed 48 hours/1 week

The State encourages the employer to implement the 40-hour working week.

3. The working hours shall not exceed 06 hours in 01 day for those whose works are extremely hard, harmful and dangerous under the list issued by the Ministry of Labor – Invalids and Social Affairs in coordination with the Ministry of Health.

Working hour at night

The working hour at night is calculated from 22 pm to 6 am of the following day.

Overtime working

1. Overtime working is the working period besides the normal working hours specified in the law, the collective labor agreement or the labor rule.

2. The employer is entitle to employ the employee to work overtime upon satisfying the following conditions:

a) With the consent of the employee;

b) 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;

c) After each time of overtime working with consecutive days in month, the employer must arrange for the employee to take compensatory leave for the time without days-off.

Overtime working in the special case

The employer has the right require the employees to work overtime on any day and the employees shall not be entitled to decline in the following cases:

1. Performing the mobilization order to guarantee the duties of national defense and security in the state of emergency on national defense and security as prescribed by law;

2. Performing work to protect human life and property of the agencies, organizations and individuals in the preventing and surmounting the consequence of the natural disasters, fire, epidemics and disasters.