The short answer: yes. Employees may refuse to work overtime on their weekly day off. The law provides that overtime may only be performed with the employees consent — this is a mandatory condition, and employers may not force it.
1. “With the employees consent” — a mandatory condition
Point a, Clause 2, Article 107 of the 2019 Labor Code (No. 45/2019/QH14) provides that an employer may require employees to work overtime only when all requirements are met, the first of which is obtaining the employees consent.
Clause 1, Article 59 of Decree 145/2020/ND-CP clarifies: this consent must be specific as to the time, place, and work of the overtime — it cannot be a blanket or default consent in internal rules or a labor contract signed earlier. An employees agreement to work overtime on one day does not mean they must agree for every day off thereafter.
2. The sole exception: two cases where refusal is not allowed
Article 108 of the 2019 Labor Code provides two special cases in which the employer may require overtime without limits on hours and the employee may not refuse:
- Case 1: implementing mobilization orders to ensure national defense and security tasks as prescribed by law;
- Case 2: performing work to protect human life and property of agencies, organizations, and individuals in preventing and remedying the consequences of natural disasters, fires, epidemics, and catastrophes.
Apart from these two cases, every overtime request — including on the weekly day off — requires the employees consent.
3. If you agree to overtime on a day off: 200% pay, not 300%
Point b, Clause 1, Article 98 of the 2019 Labor Code provides that overtime pay on a weekly day off is at least 200% of the wage for the work being performed. The 300% rate applies only to overtime on public holidays, Tet, and paid leave days — a common point of confusion.
4. How are employers penalized for forcing overtime?
Forcing employees to work overtime in violation of regulations (without consent, or exceeding overtime caps) may be administratively sanctioned under Article 24 of Decree 283/2026/ND-CP (administrative penalties in the labor sector). Employees forced into overtime may:
- Refuse overtime outside the two Article 108 cases;
- Complain to the trade union or the Department of Home Affairs inspectorate;
- Unilaterally terminate the labor contract in cases of mistreatment or forced labor under Article 35 of the 2019 Labor Code.
5. Recommendations for employees and businesses
- Employees: express consent or refusal in writing (email, work messages) as evidence; note the difference between weekly days off (200%) and public holidays (300%).
- Businesses: obtain specific consent for each overtime mobilization; do not insert a “deemed consent to overtime” clause in labor contracts — such a clause cannot replace the specific consent required by Article 59.1 of Decree 145/2020.
Transitional provisions (Article 67 of Decree 283/2026/ND-CP): violations that occurred and ended before 10/9/2026 are sanctioned under Decree 12/2022/ND-CP; violations that began before but continue after 10/9/2026 are sanctioned under Decree 283/2026/ND-CP; and sanctioning decisions issued before 10/9/2026 that remain under complaint are governed by the law in force at the time of issuance.
Frequently asked questions
Can refusing overtime on a day off be treated as a disciplinary violation?
No. Refusing overtime outside the two Article 108 cases is a lawful right of the employee; the employer may not take disciplinary action for this reason.
What if the labor contract already says “agree to overtime when the company requires”?
A generic clause in the contract cannot replace the specific consent as to time, place, and work for each overtime occasion required by Clause 1, Article 59 of Decree 145/2020.
Legal bases
- Articles 98.1(b), 107, and 108 of the 2019 Labor Code (No. 45/2019/QH14).
- Clause 1, Article 59 of Decree 145/2020/ND-CP (consent must specify time, place, and work).
- Decree 283/2026/ND-CP: Article 24 (penalties for forcing overtime); Article 67 (transitional provisions).
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The information above is for reference only and does not constitute legal advice.
Transparency note: This article was drafted by FLAT Law Firms AI content production system and is awaiting review by the QA Council. It has not been reviewed by a human lawyer.
