Is it permissible to hire disabled employees in Vietnam to work overtime? How many annual leaves do disabled employees in Vietnam have?
My company employs many disabled employees to help them with their daily living conditions. Recently, we want to hire them work overtime because we have so many orders, but we lack of human resources. How many annual leaves do disabled employees in Vietnam have?
Pursuant to Article 160 of the Labor Code in 2019 stipulating prohibited acts regarding employment of disabled people in Vietnam as follows:
1. Assign employees with work capacity reduction of at least 51%, serious or very serious disabilities to work overtime or work at night, unless otherwise agreed by the employees/
2. Assign disabled employees to laborious, toxic or dangerous works on the list promulgated by the Minister of Labor, War Invalids and Social Affairs without their consent after they are properly informed of the works.
As regulations above, you are permissible to hire disabled employees in Vietnam to work overtime. If an employee suffers from serious or very serious disabilities, working overtime must be agreed by that employee.
Pursuant to Article 113 of the Labor Code in 2019 stipulating annual leave as follows:
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
c) 16 working days for employees who do highly laborious, toxic or dangerous works.
As regulations above, disabled employees in Vietnam have at least 14 working days.
Pursuant to Article 159 of the Labor Code in 2019 stipulating as follows:
1. Employers shall provide reasonable accommodation with respect to working conditions, working tools, and occupational safety and health measures that are suitable for disabled employees and organize periodic health check-up for disabled employees.
2. Employers must consult with disabled employees before deciding on matters of relevance to the rights and interests of disabled employees.
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