To: Groz-Beckert Vietnam Ltd. Co

In response to your official document No. 05/2014-GBV dated September 30, 2014 on overtime pay for work at night, on public holidays, paid leave days, The Ministry of Labor, War Invalids and Social Affairs gives opinions as follows:

According to Point c, Clause 1, Clause 2 and Clause 3 of Article 97 of the Labor Code:

 “The employee who works overtime is entitled to get paid according to his/her current salary as follows:

c) The employee receiving daily wage shall be paid an amount equal to at least 300% of his/her current salary besides the wage on public holidays and paid leave days if he/she works on these days.

2. The employee who works at night shall be paid an additional amount equal to at least 30% of the normal daily wage.

3. The employee who works overtime at night shall be paid an additional amount equal to 20% of normal daily wage, besides the amounts mentioned in Clause 1 and Clause 2 of this Article.”

Pursuant to above regulations, when an employee is assigned to work overtime at night on public holidays, or paid leave days, he/she must receive an overtime pay as follows:

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-  The overtime pay for work at night on public holidays, paid leave days to the employee who receives monthly salary must be at least:

300%A + 30% A + 20% x (300%A) = 390%A

-Besides the amount equal to at least 390%A, the employee receiving daily wage is entitled to get wage on public holidays, paid leave days in accordance with the law.

BY ORDER OF THE MINISTER
DIRECTOR OF THE DEPARTMENT OF LABOR AND WAGE




Tong Thi Minh

Công văn 4163/LĐTBXH-LĐTL năm 2014 về tiền lương làm thêm giờ vào ban đêm ngày lễ, tết, ngày nghỉ có hưởng lương do Bộ Lao động - Thương binh và Xã hội ban hành