Công văn 1312/LĐTBXH-ATLĐ năm 2022 hướng dẫn tổ chức thực hiện Nghị quyết 17/2022/UBTVQH15 do Bộ Lao động - Thương binh và Xã hội ban hành

To: Departments of Labor - War Invalids and Social Affairs of provinces/central-affiliated cities

Implementing Resolution No. 17/2022/UBTVQH15 dated March 24, 2022 of the Standing Committee of the National Assembly on annual and monthly overtime hours ensuring covid-19 prevention and control, socio-economic recovery and development (hereinafter referred to as “the Resolution”), the Ministry of Labor, War Invalids and Social Affairs requests Departments of Labor, War Invalids and Social Affairs of provinces/central-affiliated cities to:

1. Take charge and cooperate with provincial Confederation of Labor and relevant authorities in disseminating and guiding the implementation of the Resolution in their provinces. Some notable contents:

a) The cases in which employers are permitted to assign their employees to work overtime for up to 300 hours per year are prescribed in clause 1 Article 1 of the Resolution and clause 3 Article 107 of the Labor Code.

b) All employees who are permitted to work overtime for up to 300 hours per year are also permitted to work overtime for more than 40 hours but not exceeding 60 hours per month from April 01, 2022.

c) When organizing the implementation of regulations on overtime hours according to the Resolution, other regulations on overtime hours prescribed in the Labor Code and guidelines on the Labor Code (regulations on daily overtime hour limit; overtime pay; employees’ consent to work overtime; notification when organizing more than 200 hours of overtime work per year; etc.) must also be fully complied with.

d) When organizing overtime work for from more than 200 hours to 300 hours per year as prescribed in clause 1 Article 1 of the Resolution, employers must send notifications to Departments of Labor, War Invalids and Social Affairs as prescribed in clause 4 Article 107 of the Labor Code and Article 62 of Decree No 145/2020/ND-CP dated December 14, 2020 of the Government elaborating certain Articles of the Labor Code on working conditions and labor relations.

dd) Resolution No. 17/2022/UBTVQH15 was formulated and promulgated on the basis of Resolution No. 30/2021/QH15 dated July 28, 2021 of the first meeting of the 15^th National Assembly. Thus, regulations of Resolution No. 17/2022/UBTVQH15 are implemented until the end of December 31, 2022, except for the case that the National Assembly decides to extend implementation period.

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3. Send reports on implementation of the Resolution until August 31, 2022 to the Ministry of Labor, War Invalids and Social Affairs before September 10, 2022./.

PP. MINISTER
DEPUTY MINISTER




Le Van Thanh