[FREE LEGAL ADVICE]

QUESTION:

Dear lawyer, my current job is a technical staff, so there are many times when I have to work overtime from 2-3 hours outside office hours (from 17h to 20h). My company gives off Sunday, but sometimes on Sunday I also have to go to work, so I would like to ask a lawyer how the overtime salary is regulated and if the company does not pay me according to the law, I will be punished. Handling like?

ANSWER:

Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

Pursuant to Points a and b, Clause 1, Article 98 of the 2019 Labor Code, which provides for overtime and night work wages:

1. Employees who work overtime are paid according to the salary unit price or the actual salary paid according to the work they are doing as follows:
2. a) On weekdays, at least equal to 150%;
3. b) On weekly rest days, at least 200%;

Pursuant to Clause 2, Article 16 of Decree 28/2020/ND-CP on violations of salary regulations:

2. Fines shall be imposed on employers who commit one of the following acts: Paying wages not on time; fail to pay or pay insufficiently wages to employees as agreed in the labor contract; fail to pay or pay insufficient wages to employees doing heavy, hazardous or dangerous jobs, particularly arduous, hazardous or dangerous jobs, jobs requiring training or apprenticeships according to regulations provisions of law; pay wages lower than those specified in the salary scale and salary table sent to the district-level labor State management agency; fail to pay or pay insufficiently overtime wages, night work wages or stoppage wages to employees in accordance with law; withholding wages of employees in contravention of the law; improperly paying salaries to employees when temporarily transferring employees to do other jobs compared to the labor contract, during the period of temporary suspension of work, during the strike period, the days when the employee has not yet received the prescribed salary. annual leave at one of the following rates:
3. a) A fine from 5,000,000 VND to 10,000,000 VND for violations from 01 to 10 employees;
4. b) A fine from 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;
5. c) From VND 20,000,000 to VND 30,000,000 for violations from 51 to 100 employees
6. d) A fine from 30,000,000 VND to 40,000,000 VND for violations from 101 to 300 employees;

dd) From VND 40,000,000 to VND 50,000,000 for violations of 301 employees or more.

Regarding your question, according to the labor law, overtime on weekdays will be entitled to 150% of salary, and on weekends, 200% of actual salary will be paid. If the employer does not pay you enough overtime wages, depending on the number of employees that the company violates, the competent authority will consider a fine as prescribed in Clause 2, Article 16 of Decree No. Decree 28/2020/ND-CP.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 

In case you ever need detailed consultation, please contact us directly for specific advice.

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