According to the provisions of Clause 1, Article 98 of the 2019 Labor Code, workers when working overtime will be paid a salary calculated according to the unit price of salary or the actual salary paid for the work they are doing.
If working overtime on a normal working day, employees are paid at least 150% of their salary. If working overtime on weekly holidays, the benefit level is at least 200%. For holidays, Tet holidays or paid holidays, overtime wages are at least 300%, not including the salary of that holiday for employees receiving daily wages.
Thus, compared to normal days, overtime during holidays and Tet is the time with the highest salary according to current regulations.
Not only stating the benefit level, the law also clearly stipulates the method of calculating overtime wages. According to Article 55 of Decree 145/2020/ND-CP, the calculation method will depend on whether employees receive wages according to time or product.
For employees who are paid by time, overtime wages are calculated based on the actual hourly wages of the work being done on a normal working day, then multiplied by a corresponding minimum level of 150%, 200% or 300% depending on the time of overtime.
The actual hourly wage is determined from the actual wage paid monthly, weekly or daily, divided by the total corresponding actual working hours, but does not include items such as overtime wages, night shift wages, holiday and Tet wages, bonuses, mid-shift meal allowances, gasoline and telephone support, travel, housing, childcare, childcare, and support and allowances not related to the job or title in the labor contract.
Overtime pay is not calculated based on all income earned by employees, but only based on the actual salary paid for the work being done according to regulations.
For employees who receive product-based wages, overtime wages are paid when they work beyond the quantity or volume of products beyond the labor norms agreed upon with the employer. At that time, overtime wages are calculated according to the unit price of product wages of a normal working day.
The minimum benefit level with this form is also similar to labor paid by time. Specifically, products overtime on weekdays are paid at least 150% of the unit price of product salary; overtime on weekly holidays is paid at least 200%; and overtime on holidays, Tet, and paid holidays is paid at least 300%.
One point workers need to pay attention to is the case of holidays and Tet coinciding with weekly holidays. When working overtime on this day, workers are still paid overtime wages according to the level of holidays and Tet, which is at least 300%.
Meanwhile, if employees work overtime on compensatory holidays due to holidays and Tet coinciding with weekly holidays, the overtime salary will be calculated according to the level of the weekly holiday, which is at least 200%.
