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When a worker works overtime at night, according to the labour law in Vietnam, how much wage do they receive? If the overtime is on a weekend, does the wage change?
Work at night
Clause 2, Article 98 of the Labor Code 2019 stipulates that workers who work at night must receive an additional payment of at least 30% of the wage calculated based on the hourly wage rate or the actual wage for the normal working day.
Article 56 of Decree 145/2020/ND-CP specifies the calculation of night work wages as follows:
1. For employees who are paid by time, the salary for working at night is calculated as follows:
| Night work pay | = | Hourly wage actually paid for the employee’s current job on normal workdays | + | Hourly wage actually paid for the employee’s current job on normal workdays | x | Minimum rate of 30% | x | Number of night working hours |
In which: The hourly wage actually paid for the job being done on a normal working day is determined according to Point a, Clause 1, Article 55 of Decree 145.
2. For employees who are paid according to product-rate basis, the salary for working at night is calculated as follows:
| Night work pay | = | Product-based wage unit for normal workdays | + | Product-based wage unit for normal workdays | x | Minimum rate of 30% | x | Quantity or volume of products of night work |
For jobs that are solely performed at night according to the employer’s regulations and do not follow normal office hours, such as sanitation workers, workers at bars, nightclubs, etc., the above formula applies.
Overtime work at night
Workers with regular daytime jobs but may occasionally need to work at night are considered to be working overtime at night.
Clause 3, Article 98 of the Labor Code 2019 stipulates that workers who work overtime at night, in addition to the wages regulated in Clause 1 and Clause 2 of this Article, will receive an additional 20% of the wage calculated based on the hourly wage rate or the wage for the normal working day or the wage for the weekly rest day or the wage for public holidays.
Clause 1, Article 57 of Decree 145 provides detailed interpretation of the above regulations as follows:
| Pay for overtime work at night | = | Hourly wage actually paid for the employee’s current job on normal workdays | x | Minimum rate of 150% or 200% or 300% | + | Hourly wage actually paid for the employee’s current job on normal workdays | x | Minimum rate of 30% | + | 20% | x | Hourly wage for daytime of normal workdays or weekly day offs or public holidays, new year festivals or paid day offs | x | Number hours of overtime work at night |
It should be noted that the wage for work during the weekly rest day is calculated at a minimum of 200% and the wage for work during public holidays is calculated at a minimum of 300% compared to the actual hourly wage for the normal working day.
For example, if a business has a worker who has a regular working schedule during office hours but has to work on Sundays from 10 PM to 12 AM, it will be considered as working 2 hours overtime at night on the weekly rest day.
In this case, the wage received by the worker will be: 2 hours x (200% + 30% + [20% x 200%]) = 2 hours x 270% = 5.4 hours of wage.
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