1. Overtime pay for overtime during the day

1.1. For employees with time-based wages

Pursuant to Clause 1, Article 55 of Decree No. 145/2020/ND-CP, for employees who receive time-based wages, overtime wages are calculated according to the following formula:

In there:

– The hourly wages actually paid for the job being done on a normal working day is determined by the actual salary paid for the work being done in the month, week or day in which the employee works overtime (excluding wages for working hours). overtime, overtime pay when working at night, wages of public holidays, New Year’s Day, paid rest days in accordance with the Labor Code; bonuses; mid-shift meals, fuel subsidies car, telephone, transportation, housing, childcare, child rearing; support for death of a relative, employee’s marriage, employee’s birthday, occupational disease and other allowances, other allowances not related to the performance of jobs or titles in the labor contract) divided by the total actual working hours respectively in the month or week or day the employee works overtime (not exceeding the number of normal working days in a month and the number of normal working hours in a day and a week as prescribed by law selected by the enterprise and excluding overtime hours);

– The level is at least equal to 150% of the actual hourly salary paid for the job being done on a normal working day, applicable to overtime hours on a weekday; the rate is at least equal to 200% of the actual hourly wage paid for the job being performed on a normal working day, applicable to overtime working on a weekly rest day; the rate at least equal to 300% of the hourly salary actually paid for the job being done on a normal working day, applicable to overtime hours on public holidays, New Year’s Day, paid holidays, excluding the employee’s salary. Holidays, New Year’s Day, paid leave for employees who receive daily salary.

1.2. For employees who are paid by product

Pursuant to Clause 2, Article 55 of Decree No. 145/2020/ND-CP, overtime pay when working outside normal working hours to work overtime for the quantity and volume of products in addition to the prescribed quantity and volume of products. The labor rate as agreed with the employer is calculated according to the following formula:

In there:

The level is at least equal to 150% of the product salary unit price of a normal working day, applicable to overtime work on a weekday; at least equal to 200% of the product salary unit price of the normal working day, applicable to overtime work on weekly rest days; at least equal to 300% of the product salary unit price of a normal working day, applicable to overtime work on public holidays, New Year’s Day and paid holidays.

2. Overtime pay for overtime hours worked at night

Pursuant to Article 106 of the 2019 Labor Code, night working hours are counted from 10 pm to 6 am of the next day.

2.1. For employees with time-based wages

Pursuant to Clause 1, Article 57 of Decree No. 145/2020/ND-CP, for employees who receive salary by time, overtime pay at night is calculated as follows:

In there:

– The hourly wages actually paid for the work being done on a normal working day is determined as in the case of the employee receiving wages according to the time of working overtime during the day;

– Hourly wage during the day of a normal working day or of a weekly rest day or of a public holiday, New Year, or paid day off is determined as follows:

• Daytime wage on a normal working day, calculated at least equal to 100% of the hourly wage actually paid for the work being done on a normal working day, in case the employee does not work overtime on a normal working day. daytime of that day (before overtime at night); at least equal to 150% of the actual hourly wage paid for the job being done on a normal working day in case the employee works overtime during the day of that day (before working overtime at night). ;
• Daytime wages on weekly rest days, calculated at least 200% of the actual hourly wages paid for the work being performed on a normal working day;
• Hourly wages during the day of public holidays, New Year’s Day and paid rest days shall be calculated at least 300% of the actual hourly wage paid for the job being performed on a normal working day.

2.2. For employees who are paid by product

In which, the unit price of product wages during the day of a normal working day or of a weekly rest day or of a public holiday, New Year, or paid holiday is determined as follows:

• The unit price of the product salary during the day of a normal working day, which is calculated at least 100% of the unit price of the product salary of the normal working day, in case the employee does not work overtime during the day. the day of that day (before overtime at night); at least equal to 150% of the product wage unit price of the normal working day in case the employee works overtime during the day of that day (before working overtime at night);
• The unit price of the product salary on the day of the weekly rest day, calculated at least 200% of the unit price of the product salary of the normal working day;
• The unit price of product wages during the day of public holidays, New Year’s Day, and paid holidays, shall be calculated at least 300% of the product salary unit price of the normal working day.

Above is the advice of Khoa Tin Law on “Regulations on overtime pay”.

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Best regards./.