Night duty is the hallmark of healthcare — and the top source of wage disputes, because night-shift pay is calculated differently from ordinary overtime.
How night duty is paid
Under Article 98 of the Labor Code 2019 (45/2019/QH14): employees working at night receive at least an extra 30% of the daytime wage; overtime worked at night earns the overtime rate plus another 20% of the daytime wage. For doctors, night duty is usually rostered as regular shifts (not overtime) — so the 30% uplift applies, with overtime only for hours beyond the roster. Hospitals need duty rosters and attendance records as payment evidence — without them, the hospital loses disputes.
Professional allowances for medical staff
Public-sector medical staff receive occupational preferential allowances under Decree 56/2011/ND-CP, scaled 20%–70% by job hazard level. Private facilities are not bound by this frame but often reference it for competitive compensation — and must write it into employment contracts and collective agreements.
Reassigning doctors: can they refuse?
Under Article 29 of the Labor Code 2019, employers may temporarily reassign employees to different work in emergencies (natural disasters, fires, epidemics) with notice, time limits and wage protection. Healthcare during an epidemic is the textbook case. But routine, long-term reassignment differing from the contract without employee consent is unlawful — doctors may refuse and demand contract performance.
Frequently Asked Questions
Is a 24-hour continuous shift legal?
There are caps: overtime may not exceed 40 hours/month or 200 hours/year (300 in special cases). Hospital rosters must respect these working-time ceilings.
Do private-hospital doctors get hazard allowances like public ones?
Not automatically. The Decree 56/2011 allowance frame covers public medical staff. Private hospitals set their own allowance policies in contracts and collective agreements.
Is extra pay due for doctors mobilized against an epidemic?
Beyond the reassigned-job wage (not lower than the old wage during reassignment), the State usually issues separate support policies for anti-epidemic medical staff per period.
This article has been quality-reviewed by the FLAW AI Legal Council