To:

- Confederations of Labor of provinces and cities;
- Trade Unions of central authorities and equivalent authorities; 
Trade Unions of General Corporations affiliated to General Confederation.

Implementing Resolution No. 17/2022/UBTVQH15 dated March 24, 2022 of the Standing Committee of the National Assembly on annual and monthly overtime hours ensuring covid-19 prevention and control, socio-economic recovery and development (hereinafter referred to as “the Resolution”); based on Official Dispatch No. 1312/LDTBXH-ATLD dated April 26, 2022 of the Ministry of Labor, War Invalids and Social Affairs on organizing implementation of the Resolution, the Presidium of the Vietnam General Confederation of Labor guides the provincial and municipal Labor Confederations, the Trade Unions of central authorities, the Trade Unions of General Corporations affiliated to the General Confederation of Labor to implement and supervise the implementation of the Resolution as follows:

1. Direct affiliated Trade Unions at all levels to cooperate with Department of Labor-War Invalids and Social Affairs and relevant authorities in disseminating to union members and employees to properly and fully understand the content and spirit of the Resolution, in which, the following cases should be noted:

a) The case that an employer who is permitted to assign their employees to work overtime for up to 300 hours per year is prescribed in clause 1 Article 1 of this Resolution and clause 3 Article 107 of the Labor Code in 2019.

b) All employees who are permitted to work overtime for up to 300 hours per year are permitted to work overtime for more than 40 hours to 60 hours per month from April 01, 2022.

c) Upon organizing the implementation of regulations on overtime hours according to the Resolution, other regulations on overtime hours prescribed in the Labor Code in 2019 and guidelines on the Labor Code (regulations on daily overtime hour limit; overtime pay; contents of employee’s agreement to work overtime; notification of organizing overtime work for more than 200 hours per year; etc.).

d) When organizing overtime work for from more than 200 hours to 300 hours per year as prescribed in clause 1 Article 1 of the Resolution, employers must send notifications to state labor management authorities in their provinces as prescribed in clause 4 Article 107 of the Labor Code and Article 62 of Decree No 145/2020/ND-CP dated December 14, 2020 of the Government elaborating certain Articles of the Labor Code in 2019 on working conditions and labor relations.

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2. Strengthen supervision, participate in inspection of the implementation of the regulations of laws on working hours and rest hours; in which, pay attention to monitoring the payment of hourly wages in accordance with regulations; ensuring adequate processes to manage risks that may arise from working overtime; monitoring the health manifestations of employees during overtime period; organizing collection of opinions of employees when they work overtime, etc.

3. Guide and orient trade unions at all levels (especially grassroots trade unions) on some contents of dialogue and negotiation with employers when they organize overtime work. To be specific:

- Article 98 of the Labor Code stipulates minimum overtime wages and night pay that must be guaranteed when organizing overtime work, so grassroots trade unions should negotiate with employers about overtime wages that are higher than these minimum overtime wages or night pay or the amounts that enterprises are paying to motivate, encourage and ensure the higher rights of employees,

- If the overtime in a shift is more than 3 hours, in addition to the regulations on the break hours between shifts, employers are required to arrange a break of at least 10 minutes every 90 minutes of overtime work, especially for employees working on continuous production lines.

- Trade unions at all levels shall propose and negotiate with enterprises interesting in providing meals with sufficient quality, balanced nutrition, food safety and hygiene and with values equal to or higher than the levels specified in Section 5 of Conclusion No. 03/KL-BCH dated January 18, 2022 of the Executive Board of the General Confederation of Labor on continuing to implement Resolution No. 7c/NQ-BCH of February 25, 201 of the Executive Board of the Vietnam General Confederation of Labor on "Quality of shift work meals of employees".

- Trade unions at all levels shall propose additional meals and light meals for employees after they finish their overtime work to recover their health.

- Trade unions at all levels shall propose enterprises to support child care for employees, especially employees with children aged under 6.

- Enterprises must strengthen the ventilation and lighting system according to the standards (reducing the temperature of production areas to summer’s temperature by increasing the cooling fans, increasing the ventilation level in factories; ensuring the illuminance and glare of the lighting system in accordance with standards and technical regulations.

- Enterprises must regularly maintain equipment, machinery and tools that employees use every day to minimize incidents that may occur during work.

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4. During the implementation of the Resolution, the trade unions at all levels must promptly grasp thoughts and aspirations of their employees, especially collective work stoppage and strikes related to overtime hour adjustment.

Labor Confederation of provinces and cities, central Trade Unions, affiliated Trade Unions of General Corporations shall strictly implement this document. Any difficulties that arise during the implementation of this document should be promptly report to the Vietnam General Confederation of Labor for guidance.

ON BEHALF OF. PRESIDIUM
VICE PRESIDENT




Phan Van Anh