The working time clause in an employment contract is one of the most important provisions due to its significant impact on employees’ health and well-being. To safeguard employees’ rights and interests, labor laws have established numerous regulations directly governing such an issue. The article below by NPLaw will help you understand the current situation, relevant concepts, and provide an in-depth analysis of the applicable legal provisions concerning working hours.

I. Current situation of employees working beyond the agreed working hours in employment contracts

The situation where employees are required to work beyond the working hours agreed upon in their employment contracts remains quite common in many enterprises, particularly in manufacturing, processing, service, and logistics sectors due to the nature of these industries.

Although labor laws clearly regulate normal working hours, overtime work, and rest periods, in practice, many employees are still required to work extended overtime, perform work outside regular hours, or frequently exceed the working hours committed to in their employment contracts. It not only directly affects employees’ health but also creates potential risks for labor disputes.

II. Concept of the working time clause in employment contracts

1. What is a working time clause in an employment contract?

To understand the term “working time clause in an employment contract”, it is necessary to analyze the following content: 

  • A clause refers to a specific provision agreed upon by the parties in a contract.
  • Working time refers to the period during which an employee is required to be present and perform work in accordance with the agreement with the employer.
  • An employment contract is an agreement between an employee and an employer concerning paid employment, wages, working conditions, and the rights and obligations of each party in the employment relationship (Clause 1, Article 13 of the Labor Code 2019).

Accordingly, a working time clause in an employment contract can be understood as a provision agreed upon by the employee and employer specifying the period during which the employee must be present and perform work.

2. Is the working time clause mandatory in an employment contract?

Pursuant to Point g, Clause 1, Article 21 of the Labor Code 2019, one of the mandatory contents of an employment contract is Working hours and rest periods.

Based on this provision, it can be affirmed that a working time clause is a mandatory provision of an employment contract. Such a requirement helps prevent situations where employees are compelled to work excessive hours, thereby protecting their health and welfare.

3. What types of working time are commonly specified in employment contracts?

Under the Labor Code 2019, common categories of working time include:

  • Normal working hours (Article 105);
  • Night working hours (Article 106);
  • Overtime working hours (Article 107).

In practice, employment contracts may stipulate working time in various forms depending on the nature of the work and the operational needs of the enterprise.

III. Legal regulations related to the working time clause in employment contracts

1. How does the law regulate normal working hours for employees?

To ensure that working hours do not adversely affect employees’ health, labor laws establish clear limits on normal working hours. Pursuant to Article 105 of the Labor Code 2019:

  • Normal working hours must not exceed 08 hours per day and 48 hours per week.
  • Employers may determine working hours on a daily or weekly basis but must notify employees accordingly. If working hours are arranged on a weekly basis, normal working hours must not exceed 10 hours per day and 48 hours per week.
  • The State encourages employers to implement a 40-hour workweek.
  • Employers are responsible for ensuring that employees’ exposure time to hazardous and harmful factors complies with national technical standards and relevant legal regulations.

These legal limits are reasonable and play an important role in preventing enterprises from imposing excessive working hours that may negatively affect employees’ physical and mental health.

2. What obligations does an employer have when arranging working hours under an employment contract?

Pursuant to Article 105 of the Labor Code 2019, employers have the following obligations:

  • Ensuring working hours comply with the agreement and do not exceed 08 hours per day and 48 hours per week (Clause 1).
  • Clearly informing employees of their work schedules when applying daily or weekly working-hour arrangements (Clause 2).
  • Ensuring that employees’ exposure time to hazardous or harmful elements remains within the limits prescribed by national technical standards and relevant laws.

3. How does the law regulate overtime work?

Article 107 of the Labor Code 2019 regulates overtime work in terms of both its definition and implementation conditions.

Definition: Overtime work refers to the time worked beyond normal working hours as prescribed by law, collective labor agreements, or internal labor regulations (Clause 1, Article 107).

Conditions for overtime work: Under Clauses 2 and 3 of Article 107, employers may require overtime work only if all of the following conditions are satisfied:

  • The employee’s consent must be obtained.
  • Overtime hours must not exceed 50% of normal working hours in a day. Where normal working hours are arranged on a weekly basis, the total of normal working hours and overtime hours must not exceed 12 hours per day. Overtime must not exceed 40 hours per month.
  • Total overtime must not exceed 200 hours per year, or 300 hours per year for certain industries, occupations, and jobs such as electricity production and supply, telecommunications, petroleum refining, water supply and drainage, and others as prescribed by law.

4. What conditions must be satisfied when changing working hours agreed in an employment contract?

Based on the relevant provisions of the Labor Code 2019, any modification to working hours agreed upon in an employment contract must satisfy the following conditions:

  • Mutual agreement of the parties: Since working hours constitute a contractual term, any modification must be agreed upon by both the employer and the employee. Such changes may be documented through an appendix to the employment contract or by entering into a new employment contract (Point g, Clause 1, Article 21 and Article 33 of the Labor Code 2019).
  • Compliance with legal requirements: Any change to working hours must comply with the statutory limits on normal working hours and overtime work as stipulated in Articles 105 and 107 of the Labor Code 2019.

IV. Questions regarding working time clauses in employment contracts

1. Must an employer give prior notice to employees when changing working hours? If so, how long is the notice period?

Working hours are one of the mandatory contents of an employment contract under Point g, Clause 1, Article 21 of the Labor Code 2019. Thus, any change to working hours constitutes a modification of the employment contract and falls within the scope of contractual amendments.

According to Clause 1, Article 33 of the 2019 Labor Code 2019, during the performance of an employment contract, if either party requests an amendment or supplementation of the contract contents, it must notify the other party of the proposed amendment or supplementation at least 03 working days in advance.

2. Will changes to working hours affect employees’ salaries and other benefits?

Changes to working hours may affect employees’ salaries and other benefits in several ways:

  • Impact on salary: If working hours are increased or overtime work is arranged, employees are entitled to overtime pay at rates higher than their normal wages in accordance with Article 98 of the Labor Code 2019.
  • Impact on other benefits: Changes to work shifts or working schedules may lead to additional allowances, such as night-shift allowances and other related benefits.

However, employers are not permitted to unilaterally alter working hours in a manner that unlawfully reduces employees’ rights and benefits under the employment contract or applicable laws. If the change constitutes an amendment to the employment contract, it must be agreed upon by the employee.

3. How should a situation be handled if an employee does not agree to a change in working hours?

If an employee does not agree to a proposed change in working hours, the matter may be resolved in one of the following ways:

  • The employee may provide prior notice and unilaterally terminate the employment contract under Article 35 of the Labor Code 2019; or
  • The parties may mutually agree to terminate the employment contract in accordance with Clause 2, Article 34 of the Labor Code 2019. 

4. Are there any special requirements for changing from regular office hours to shift work?

Pursuant to Article 105 of the Labor Code 2019, changing from regular office hours to a shift-work arrangement must satisfy the following requirements:

  • Employees must be notified in advance, and their consent must be obtained.
  • Limits on employees’ exposure to hazardous or harmful factors must be ensured in accordance with national technical standards and relevant laws.
  • Statutory working-hour limits must be observed, namely:
    + No more than 08 hours per day and 48 hours per week; or
    + Where working hours are arranged on a weekly basis, no more than 10 hours per day and 48 hours per week.

5. Are there special requirements when changing working hours for female employees or minor employees?

Changes to working hours for female employees and minor employees must comply with specific legal requirements as follows:

- For Female Employees: Pursuant to Clause 1, Article 137 of the Labor Code 2019, unless the employee expressly agrees, employers are prohibited from assigning night work, overtime work, or business trips to:

  • Female employees who are pregnant from the sixth month of pregnancy onward (or from the seventh month onward in certain regions); or
  • Female employees who are raising a child under 12 months of age.

- For Minor Employees: Employers must ensure that:

  • Working hours for employees under 15 years of age do not interfere with their education.
  • Employees under 15 years of age work no more than 04 hours per day and 20 hours per week.
  • Employees under 15 years of age are not required to work overtime or perform night work.
  • Employees under 18 years of age work no more than 08 hours per day and 40 hours per week.

These special requirements are intended to promote gender equality in labor relations and prevent the exploitation of child labor.

V. Why choose NPLaw for legal advice on working time clauses in employment contracts?

When facing issues relating to working time clauses in employment contracts, seeking legal advice from NPLaw is a preferred choice due to the following advantages:

  • Assistance in understanding and correctly applying labor law regulations.
  • Review and assessment of risks associated with employment contracts.
  • Support in resolving labor disputes or conflicts arising from working time clauses in employment contracts.

Utilizing NPLaw’s legal advisory services helps both employers and employees accurately understand legal requirements, minimize dispute risks, and ensure that working time clauses are drafted and implemented in a lawful, reasonable, and effective manner.

The information provided above is for reference purposes only. Should you require detailed advice regarding a specific situation, please contact NPLaw Firm for immediate assistance.