What should we keep in mind when agreeing on working time in the labor contract?

Agreement on working time in the labor contract is an indispensable content in labor contracts, directly affecting the rights and obligations of both employees and employers. Understanding legal regulations and notes when making agreements helps parties avoid disputes and ensure a harmonious working environment. The content of the article will analyze in depth the necessary factors when signing a contract related to working time.

What are working hours?

Working time is the period of time an employee performs work as agreed in the labor contract. Working time can be calculated by hours, days, weeks or months, depending on the type of labor contract and nature of the work.

Clearly defining working hours helps ensure the rights of employees and creates favorable conditions for employers in organizing and managing production and business activities.

Regulation of working hours of employees

Working hours for employees are regulated in the Labor Code 2019.

Normal working hours

According to Article 105 Labor Code 2019, normal working hours are specified as follows:

• Normal working hours Normal working hours do not exceed 08 hours in 01 day and do not exceed 48 hours in 01 week.
• Weekly working hours: Employers have the right to regulate daily or weekly working hours. If weekly, normal working hours do not exceed 10 hours in a day and do not exceed 48 hours in a week. However, workers must be notified.
• The State encourages employers to implement a 40-hour working week for employees.

Overtime

Overtime working time is regulated in 107 of the Labor Code 2019:

Overtime is the period of time worked outside of normal working hours as prescribed by law, collective labor agreement or internal labor regulations.

Overtime conditions: Employers may only employ employees to work overtime when all of the following conditions are met:

• Obtain the consent of the employee.
• The number of overtime hours must not exceed 50% of normal working hours in a day; In case of weekly work, the total number of normal working hours and overtime hours must not exceed 12 hours in 1 day; no more than 40 hours in 1 month.
• Total overtime hours must not exceed 200 hours in 1 year, except for some special cases.

In special cases, it is allowed to work overtime up to 300 hours/year: Employers are allowed to employ employees to work overtime no more than 300 hours in 01 year in the following cases:

• Producing, processing and exporting textile, garment, leather, shoe, electrical, electronic products, agricultural, forestry, salt and fishery products.
• Production, electricity supply, telecommunications, oil refining; water supply and drainage.
• Solving tasks requires highly qualified and technical workers that the labor market does not provide fully and promptly.
• Resolve urgent work that cannot be delayed due to the seasonal nature or timing of raw materials or products or to resolve work arising due to unforeseen objective factors, due to the consequences of weather, natural disasters, fires, enemy sabotage, lack of electricity, lack of raw materials, technical problems of the production line.
• Other cases according to government regulations.

Overtime in special cases

According to Article 108 of the Labor Code 2019, employers have the right to require employees to work overtime on any day without limitation on overtime hours and employees may not refuse in the following cases:

• Implement mobilization and mobilization orders to ensure national defense and security tasks according to the provisions of law.
• Carry out work to protect human life and property of agencies, organizations and individuals in preventing and overcoming the consequences of natural disasters, fires, dangerous epidemics and disasters.

>>> See more: Labor Contracts with Foreigners: Important Notes.

Notes when agreeing on working time in the labor contract

When signing a labor contract, customers need to clearly agree on working time to avoid disputes arising later. Some important contents that need to be specified in the contract include:

• Number of working hours per day: It is necessary to clearly stipulate the number of working hours in a day, usually 8 hours/day.
• Working hours per week: Must clearly state the number of working days per week, and rest time between shifts.
• Overtime: If any, it is necessary to clearly stipulate overtime time, overtime salary and other related conditions.
• Rest time: The parties need to agree on the rest time between working hours and holidays.
• It is necessary to consider the specific factors of each profession. For example, for seasonal occupations, working hours can be adjusted more flexibly.
• It is necessary to ensure that working time agreements comply with current labor laws.

Consulting services on employees’ working hours

Long Phan Consulting Company provides in-depth consulting services on issues related to working time in the labor contract. Our Services include:

• Consulting on legal regulations on working time, overtime, rest;
• Draft and review labor contracts, ensuring the rights of parties in labor relations;
• Consulting on salaries and allowances when working at different hours;
• Consulting and guidance on effective working time in the labor contract;
• Consulting on how to calculate employees’ working time;
• Consulting on resolving disputes about working time;
• Consulting on issues related to labor discipline, termination of labor contracts, salaries, social insurance, health insurance;
• Consulting and answering other related issues.

>>> See more: Reviewing Labor Contracts: Why It’s Necessary & A Reputable Service

Frequently asked questions about agreement on working time in the labor contract

Below are frequently asked questions about agreement on working time in the labor contract:

What is the maximum working time in a day?

Normal working time does not exceed 08 hours in 01 day. In case of weekly work, normal working hours do not exceed 10 hours in a day and do not exceed 48 hours in a week.

Do employees have the right to refuse to work overtime?

Yes, employees have the right to refuse to work overtime without consent. However, in some emergency cases as prescribed by law, workers may not refuse.

How is night working time calculated?

Working hours at night are calculated from 10:00 p.m. to 6:00 a.m. the next day.

Are there any occupations that are allowed to work overtime up to 300 hours/year?

Occupations that are allowed to work overtime up to 300 hours/year include: manufacturing and export processing of textiles, footwear, electronics; production, electricity supply, telecommunications, oil refining, water supply and drainage; and some other special cases according to government regulations.

If the company requires working on a holiday, what benefits do employees receive?

Employees will receive a salary for work on holidays, New Year, and paid days off, at least equal to 300%, excluding the salary for public holidays, New Year, and paid days off for employees receiving daily wages.

If employees work in shifts, how is working time calculated?

For employees working in shifts, working time is calculated according to the shift as agreed in the labor contract or the company’s labor regulations.

Conclude

Clear agreement on working time in the labor contract is an important factor to ensure the rights of both employees and employers. If you have any questions, please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for timely advice and support.