Chương VII Bộ Luật lao động 2012: Thời giờ làm việc, thời giờ nghỉ ngơi

Chapter VII

WORKING TIME AND REST TIME

Section 1. WORKING TIME

Article 104. Normal working time

1. Normal working time must not exceed 8 hours per day or 48 hours per week.

2. 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 State encourages employers to apply 40 working hours per week.

3. The working time must not exceed 6 hours per day for employees who perform extremely heavy, hazardous or dangerous jobs on a list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.

Article 105. Working hours at night

Working hours at night are counted from 22:00 pm on the previous day to 06:00 am on the next day.

Article 106. Overtime work

1. Overtime is time worked in addition to normal working hours prescribed in the law, collective labor agreements or internal working regulations.

2. An employer may request an employee to work overtime upon fully meeting the following conditions:

a/ Obtaining the employee’s consent;

b/ Ensuring that the number of overtime working hours of the employee does not exceed 50% of the normal working hours per day; in case of applying regulations on weekly work, the total of normal working hours and overtime working hours must not exceed 12 hours per day; does not exceed 30 hours per month and the total of overtime working hours must not exceed 200 hours per year, except some special cases as stipulated by the Government in which overtime working hours must not exceed 300 hours per year;

c/ After each period with many consecutive days of working overtime within a month, the employer shall arrange compensatory days off for the employee.

Article 107. Working overtime in special cases

An employer may request an employee to work overtime in any days and the employee may not refuse in the following cases:

1. Implementing a call-up or mobilization order to ensure national defense or security in an emergency state of national defense or security as provided by law;

2. Implementing the tasks to protect human lives and assets of agencies, organizations or individuals in the prevention and remediation of consequences of a natural calamity, fire, epidemic or disaster.

Section 2. REST TIME

Article 108. Rest breaks during working hours

1. An employee who works for 8 hours consecutively or 6 hours under Article 104 of this Code is entitled to a break of at least 30 minutes in the middle of working which must be counted in the working hours.

2. An employee who works at night is entitled to a break of at least 45 minutes in the middle of working which must be counted in the working hours.

3. Besides the breaks in the middle of working prescribed in Clauses 1 and 2 of this Article, the employer shall determine other short breaks and include them in the internal working regulations.

Article 109. Breaks between shifts

Employees who work in shifts are entitled to a break of at least 12 hours before moving to another shift.

Article 110. Weekly breaks

1. Every week, an employee is entitled to a break of at least 24 consecutive hours. In case it is impossible for an employee to have a weekly break due to the cycle of work, the employer shall ensure the employee have at least 4 days off on average in a month.

2. An employer may determine and schedule weekly breaks either on Sunday or another fixed weekday and shall include them in the internal working regulations.

Article 111. Annual leave

1. 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 as follows:

a/ Twelve working days for an employee working in normal conditions;

b/ Fourteen working days for an employee doing a heavy, hazardous or dangerous job; or an employee working in a place with harsh living conditions on the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health, or for minor or disabled employees;

c/ Sixteen working days for an employee doing an extremely heavy, hazardous or dangerous job; an employee working in a place with extremely harsh living conditions on the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.

2. An employer may decide on a timetable for annual leaves of employees after consulting employees and shall notify it in advance to them.

3. An employee may reach an agreement with the employer on taking annual leave in installments or combining annual leaves of maximum every three years.

4. When taking annual leave, if an employee travels by road, railway or waterway and the return trip takes more than 2 days, the travel days from the 3rd day onward will be added to the annual leave and this will be applied for only one annual leave in a year.

Article 112. Annual leave increased based on the length of employment

The annual leave of an employee stipulated in Clause 1, Article 111 of this Code will be increased 1 day for every 5 years’ working for an employer.

Article 113. Advance payment of wage and travel expenses for annual leave

1. When taking annual leave, an employee are entitled to an advance payment at least equal to the wage to be paid for leave days.

2. Travel expenses and the wage paid for traveling days can be agreed by the two parties.

Employees who come from lowland areas and work in mountainous, deep-lying, remote, border or island areas and employees who come from mountainous, deep-lying, remote, border or island areas and work in lowland areas are entitled to travel expenses and wages for traveling days paid by their employers.

Article 114. Payment for untaken leave days

1. An employee who, due to employment termination, job loss or for other reasons, has not taken or fully not taken annual leave is entitled to a cash payment for the untaken leave days.

2. An employee who has worked for under 12 months may have annual leave days in proportion to the time of working. In case of not taking leave, he/she is entitled to a cash payment for these untaken leave days.

Section 3. PUBLIC HOLIDAYS, PERSONAL LEAVE AND UNPAID LEAVE

Article 115. Public and New Year holidays

1. An employee is entitled to fully paid days off on the following public and New Year holidays:

a/ Calendar New Year Holiday: 1 day (the first day of January of the calendar year);

b/ Lunar New Year Holidays: 5 days;

c/ Victory Day: 1 day (the thirtieth day of April of each calendar year);

d/ International Labor Day: 1 day (the first day of May of each calendar year);

e/ National Day: 1 day (the second day of September of each calendar year);

f/ Commemorative Celebration of Vietnam’s Forefather - Kings Hung: 1 day (the tenth of March of the lunar year).

2. Foreign employees in Vietnam, in addition to the public holidays stipulated in Clause 1 of this Article, are entitled to 1 traditional new year holiday and 1 national day of their country.

3. In case a holiday referred to in Clause 1 of this Article falls on a weekend, employees are entitled to take the following day off as compensation.

Article 116. Personal leave, unpaid leave

1. An employee may take fully paid leave for personal reasons in the following cases:

a/ Marriage: 3 days;

b/ Marriage of his/her child: 1 day;

c/ Death of a blood parent or a parent of his/her spouse, his/her spouse or child: 3 days.

2. An employee may take 1 day off without pay and shall inform the employer when a paternal or maternal grandparent or blood sibling dies; his/her father or mother gets married; or a blood sibling gets married.

3. An employee may discuss and agree with the employer on unpaid leave in addition to the leaves specified in Clauses 1 and 2 of this Article.

Section 4. WORKING TIME AND REST TIME FOR PEOPLE DOING SPECIAL JOBS

Article 117. Working time, rest time for persons doing special jobs

For special jobs in road, railway, waterway and airway transportation, petroleum prospecting and exploitation at sea; offshore work; arts; use of radiation and nuclear techniques; application of high-frequency waves; divers’ jobs, work in pit mines; seasonal production work and processing of goods under orders; and work that requires 24/24 hours on duty, specialized ministries and agencies shall specifically stipulate working time and rest time after consulting the Ministry of Labor, War Invalids and Social Affairs and ensure compliance with Article 108 of this Code.