Question:
In relation to the Apprenticeship Agreement we have, since we provide OT and Night shift allowance, would it be legal to include or having this benefit for trainees?
Is it acceptable to add in the trainee's payslip the OT and Ngihtshift or need to just use training allowance? please advise po
Answer:
The company may reach an agreement with trainees in the "Internship Agreement" regarding their ability to work overtime or night shifts, with corresponding allowances and benefits. This matter is considered a civil agreement between both parties and is permissible under Vietnamese law, provided it does not conflict with regulations on maximum working hours, rest periods, and working conditions applicable to trainees under the Internship Agreement.
As the payroll system applies only to official employees of the company, these allowances will be treated as additional compensation provided to trainees rather than part of the standard payroll structure.
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