HOW OVERTIME PAY IS CALCULATED

LEGAL GROUND

Circular 23/2015/TT-BLĐTBXH guidelines for some articles on wages of the government’s DECREE NO. 05/2015/NĐ-CP dated January 12, 2015 on guidelines for some contents of the labor code

I.OVERTIME PAY IN NORMAL WORKING DAY

II. OVERTIME PAY IN WEEKLY DAY OFF

III. OVERTIME PAY IN HOLIDAY

IV. ACTUAL HOURLY WAGE ON A NORMAL WORKING DAY IS DETERMINED AS FOLLOWS:

1. Determined on the basis of the actual wage paid for the current job of the month in which employees work overtime divided by the actual number of working hours in the month (not more than 208 hours for jobs with working conditions, normal working environment and excluding overtime hours).
2. In case of daily or weekly pay, the actual hourly wage shall be determined on the basis of the actual wage paid for that working day or week (except overtime pay and extra pay when working at the office in the evening) divided by the number of actual working hours in the day or week (not exceeding 8 hours / day and excluding overtime hours).

V. THE ACTUAL HOURLY WAGE ACTUALLY PAID ABOVE DOES NOT INCLUDE:

1. Overtime pay, extra pay for working at night, salary for public holidays, New Year holidays and paid holidays as prescribed by the Labor Code;
2. Bonus in accordance with Article 103 of the Labor Code, initiative bonus;
3. Mid-shift meals;
4. Petrol, telephone, travel, housing, child care, and child support payments;
5. Support for the death of the family member, the employee whose relative is married, the employee’s birthday, allowance for the employee facing difficulties when having a labor accident or an occupational disease
6. And other allowances and allowances not related to the performance of jobs or titles in the labor contracts