Working on shift under Vietnam Labor Code

Nội dung bài viết

Question: Incase we want to hire workers / staff to work on shift (day time and night time) is there any extra cost or any notice that we should know? Do we have to pay additional salary, allowance or insurance to them?

Answer: Please find our comment regarding the above question as follows:

In case the company hires employees to work on day/night shift, the salary, bonus, and benefits regime is agreed upon by the parties similar to a normal labor contract. However, according to the Article 56 of Decree 145/2020 / ND-CP, the unit price used for accounting salary paid for employees working in night shift shall be 30%  higher than the price unit used for accounting salary paid for employee working in day shift. Particular as follows:

1. Night pay for employees receiving time-based salaries:

Night  pay =  Normal hourly salary + Normal hourly salary x At least 30% x Night work hours

2. Night pay for employees receiving piece-rate pay:

Night pay = Normal piece rate + Normal piece rate x At least 30% x Night work hours

 In addition, according to the provisions of Law on Social Insurance 2014 (Article 2), Law on Health Insurance 2008 (Article 12), Law on Employment 2013 (Article 43), employees signing indefinite term labor contract, definite term labor contract, contract with a term from 01 month to less than 03 months are eligible to pay social insurance, health insurance, unemployment insurance.

Thus, the company signing labor contracts with employees working on shifts (day / night) is obliged to pay the above types of insurance.

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