Workers have to accept working overtime due to difficult circumstances

After Lao Dong Newspaper published an article reflecting the situation of many security guards working 12 hours a day with an income of about 6.5 million VND/month but not fully enjoying the regimes according to regulations, many readers shared similar situations.

According to reports, in addition to low salaries and not being able to participate in social insurance, many workers also have to work for a long time, in some cases up to 20 hours a day.

Many workers said that due to livelihood pressure, they still accept signing contracts even though they know their rights are disadvantaged.

Mr. Nguyen Hoang Nam (working as a security guard in the Cau Giay area, Hanoi) said that he is currently paid daily, with an average income of about 250,000 VND/day. Because the employer does not pay social insurance, he has to participate himself through another business.

Meanwhile, Mr. Tran Khanh Nam (from Phu Tho province) said that he is working at a restaurant from 9 am to about 10 pm daily with a salary of 7 million VND/month. According to him, the largest workload is concentrated in the afternoon and evening, so he is very tired.

Mr. Vu Duc Tuyet (from Tuyen Quang), currently working as a security guard at a hospital in Hanoi, said that he signed a working contract with a salary of 7 million VND/month. The company arranged collective accommodation for him and 7-8 other workers, and the cost of food was self-sufficient.

According to Mr. Tuyet, this income level is higher than farming in his hometown. However, to have more money to raise his children to study, in addition to working 12 hours a day, he regularly registers for part-time jobs. There are days when he works from 5 am to 12 am, totaling nearly 20 hours/day, to increase his income to about 10 million VND/month.

Overtime pay is only charged 17,000 VND/hour, there is no overtime pay as regulated or attendance allowance," Mr. Tuyet shared.

Many workers reflect that businesses often make mistakes such as going late, coming home early, or dozing off during working hours to penalize and deduct from their wages.

According to experts, some businesses operating in the service sector such as security, restaurants, and freight transportation are taking advantage of agreements between parties to recruit workers with unfavorable working conditions.

Current law stipulates the minimum wage, but there are no separate regulations for some specific jobs. Therefore, businesses and employees can still negotiate on wages, working hours and working conditions.

According to Article 13 of the 2019 Labor Code, labor contracts are determined based on the nature of labor relations, regardless of the name of the contract. As long as the parties have an agreement on paid employment, wages and there is management, administration, and supervision by one party, it is defined as labor relations.

According to lawyer Diep Nang Binh, taking advantage of workers' difficult circumstances to not sign labor contracts, delay paying salaries or terminate jobs in violation of regulations not only affects immediate income but also infringes on the right to long-term social security assurance of workers.

According to current regulations, violations of regulations on concluding labor contracts may be fined up to 25 million VND. Violations of regulations on salaries may be fined up to 75 million VND. In case businesses are late or evade social insurance contributions, they must also retroactively pay the remaining amount and pay accrued interest as prescribed.

Experts believe that besides strengthening inspection and examination by functional agencies, workers also need to improve their legal understanding, proactively complain, denounce or sue when their legitimate rights and interests are violated.

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