Can you be paid when working from home?

After the Tet holiday, my company gave me an extra week off to isolate due to the nCoV epidemic but I was still required to work from home. I would like to know if the extra days off are considered annual leave and I will be paid for working overtime. Sincerely thank you!

FDVN’s opinion:

Regarding your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

[1]. According to Clause 1, Article 111 of Labor Code 2012, an employee who has been working for an employer for full 12 months is entitled a fully paid annual leave as stated in his/her labor contract which is 12, 14, or 16 days, depending on working conditions.

Clause 2, Article 111 of Labor Code 2012 An employer may decide on a timetable for annual leaves of employees after consulting employees and shall notify it in advance to them.

Besides, every 5-year working for an employer, an employee will earn 1 more day stipulated in Clause 1, Article 111 of this Code.

Based on the above regulations, you worked from home due to the prevention of the epidemic as required by your Company (Employers), not your request on leaving. During that period, you still worked and fully produced, so it was not able to be considered an annual leave.   

[2]. Regarding working time, according to the provision of Clause 1, 2, Article 104 of Labor Code 2012, normal working time must not exceed 8 hours per day or 48 hours per week. An employer may determine the working time on an hourly, daily, or weekly basis; in case of working on a weekly basis, the normal working time must not exceed 10 hours per day and not exceed 48 hours per week.

The employee working from home at the request of the company is not paid for overtime work if the working time does not exceed 48 hours per week. If you work more than 48 hours per week, you will be paid for overtime work and for excess hours.

In detail, an employee who performs overtime work must be paid at least equal to 150% on normal days, at least equal to 200% on weekend, at least equal to 300% on public holidays and paid leave days of employee who receives daily wages, according to the wage unit or wage for his/her current job.

 On public holidays and paid leave days, at least equal to 300%, excluding the wage for public holidays and paid leave days of employees who receive daily wages

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Legal expert: Nguyen Thi Lan Anh

FDVN Law Firm