Employer of Record
With the development of the global economy and the mobility of the international workforce, the concept of employer of record (also known as ** employer) is becoming increasingly important in the employment relationship. In Vietnam, as a country that attracts foreign investment and labor, Vietnam's labor laws and employment regulations have clear provisions on overtime. In this article, we will explain the provisions on overtime in Vietnam's labor laws and employment regulations, and the importance of the employer of record in this context.
1. The concept and definition of overtime.
1.1 Definition of overtimeAccording to the Vietnamese Labor Law, overtime refers to the time that an employee works on a working day or rest day in addition to the specified working hours, at the request of the employer or by mutual agreement. 1.2 Definition of overtimeAccording to Vietnamese labor law, employers may require employees to work overtime, but the overtime hours shall not exceed 4 hours per day and 200 hours per year. At the same time, employers are also required to pay additional overtime wages. Overtime pay is calculated as follows: overtime pay = basic salary Overtime pay coefficient Among them, the overtime pay coefficient varies according to the overtime hours. For example, the wage factor for overtime is 15 times, the wage coefficient for overtime on rest days is 2 times, and the wage coefficient for overtime on statutory holidays is 3 times. 2. Case analysis of overtime.
2.1 Case 1: Overtime work without overtime payXiao Ming works in a foreign-funded enterprise, and the company often arranges overtime work. However, Xiao Ming found that he was working overtime more than the 4-hour daily limit, and the company did not pay the corresponding overtime pay. According to Vietnamese labor law, employers should pay overtime wages to employees who work overtime. Xiao Ming can communicate with his employer to remind him of his obligation to pay overtime wages. If the employer refuses to pay, Xiao Ming can file a complaint with the labor department and provide relevant overtime records and evidence. 2.2 Case 2: Calculation of overtime wage coefficient errorXiaohong works in a foreign trade company, and the company arranges overtime work, but there is an error in calculating overtime wages. According to Vietnam's labor law, the overtime wage coefficient should be calculated according to the different overtime hours. Xiaohong can communicate with the company's human resources department to remind them to make the correct calculation of overtime pay. If the company refuses to correct the mistake, Xiaohong can consult the labor department or labor legal counsel for legal support. For more information about Chinese companies' overseas cases, global employment guidelines, global payroll management, and national regulatory guidelines in various regions, please call the official website** or visit the official website of Chaadhr.
3. The importance of the employer of record.
In Vietnam's labor market, the employer of record plays an important role. The employer of record refers to a company or individual as the employer, who signs labor contracts with employees and is responsible for managing the employment relationship. Streamline the hiring process.
By using an EOR, businesses can streamline the employment process and reduce the complexity of signing contracts directly with employees. The EOR can provide professional HR services to the business, including support in recruitment, contract management, payroll payment, etc. Reduce legal risks.
The EOR can help reduce legal risks for businesses. In Vietnam, labor laws and employment regulations have strict rules and requirements for the employment relationship. As a professional HR service provider, the EOR is familiar with local labor laws and regulations, and can ensure that the company's employment practices comply with legal requirements and avoid potential legal disputes and fines. Protecting workers' rights and interests.
The employer of record plays an intermediary role in the employment relationship, focusing on both the interests of the enterprise and the protection of the rights and interests of workers. They are responsible for ensuring that employees receive legal wages, benefits, and working conditions, and negotiating with employers to resolve labor disputes. The presence of an employer of record can enhance the bargaining position of workers and ensure that they are able to enjoy their rights. Conclusion.
Overtime is an important issue in Vietnam's labor laws and employment regulations. By interpreting the provisions on overtime in Vietnam's labor law and employment regulations, we understand that overtime is clearly defined and defined, and employers are obliged to pay overtime wages accordingly. When dealing with overtime, employees can protect their rights and interests by communicating with their employers or filing a complaint with the labor department. In addition, the employer of record has an important position in the employment relationship in Vietnam. They can streamline the employment process, reduce legal risks, and protect workers' rights. In Vietnam's business environment, utilizing an EOR can provide a safer and more secure employment solution for businesses.
By complying with Vietnam's labor laws and regulations and cooperating with the employer of record, companies can establish a good employment relationship and ensure that the rights and interests of employees are protected, thereby improving the productivity and competitiveness of the enterprise. Welcome to call the official website** or visit the official website of Chaadhr to get more information about Chinese companies going overseas, global employment guidelines, global payroll management and national regulatory guidelines in various regions.