Chapter VII
WORK AND BREAK TIME
SECTION I.- WORK TIME
Article 68.-
1- The work day shall not exceed 8 hours nor 48 hours per week. The employer is entitled to schedule the working hours daily or weekly but must notify the employees in advance.
2- Work shifts shall be shortened by one or two hours for employees working in especially heavy, noxious or dangerous jobs, as prescribed in the list of such jobs published by the Ministry of labor, War Invalids and Social Welfare and the Ministry of Public Health.
Article 69.- The employer and the employee may agree on overtime hours, but the length of such overtime shall not exceed four hours per day nor 200 hours per year.
Article 70.- Night working hours are considered to be from 22:00 hours to 6:00 hours the following day, or from 21:00 hours to 5:00 hours the following day, depending on the climatic zones set by the Government.
SECTION II.- BREAK TIME
Article 71.-
1- The employee is entitled to at least a half an hour of rest inclusive of the work time if he/she works continuously for eight hours.
2- The employee on a night shift is entitled to at least 45 minutes of rest inclusive of the work time.
3- The employee working on a night-shift is entitled to at least 12 hours of rest before beginning another shift.
Article 72.-
1- During each week, the employee is entitled to at least one day of rest (24 straight hours).
2- The employer may arrange the weekly rest day on Sunday or any other fixed day in the week.
3- In special cases, where the rest day cannot be arranged weekly due to the work cycle, the employer must ensure that the employee can have an average of four days of rest at least in a month.
Article 73.- The employee is entitled to abstain from work and receive full pay on the following holidays:
- New Year's Day (solar calendar): one day;
- Lunar New Year Festival: four days (the last day of the lunar year and the first three days of the new lunar year);
- Victory Day: one day (April 30);
- International Labor Day: one day (May 1st);
- National Day: one day (September 2nd);
If one of the above-stated holidays coincides with a weekly non-working day, the employee is entitled to observe the holiday on the following day.
Article 74.-
1- The employee with 12 months' service, at a business or with an employer, is entitled to an annual leave with full pay under the following specifications:
a/ 12 days for a person working in normal conditions;
b/ 14 days for a person working in heavy, noxious or dangerous jobs, in places with harsh living conditions, or for persons under 18 years of age;
c/ 16 days for persons working in especially heavy, noxious and dangerous jobs, and for persons working in heavy, noxious and dangerous jobs in places with harsh living conditions.
2- The time for travel, not inclusive of the annual leave, shall be defined by the Government.
Article 75.- The number of days in an annual leave shall increase proportionally with the seniority of the employee at a business or with an employer, at the rate of one day for every five years.
Article 76.-
1- The employer is entitled to set the calendar for annual leaves after consulting the Executive Committee of the local Trade Union and must notify it in advance everyone in the business.
2- The employee may agree with the employer to divide his/her annual leave into many shorter periods. Those working in remote areas may elect to combine leave of two years into a single leave. If the employee wants to combine leave of three years, he/she must obtain the consent of the employer.
3- The employee, who due to work severance or for other reasons, has not taken his/her annual leave or has not used all the days in that annual leave, shall paid for the pays for which he/she is entitled to take as part of his/her fully paid leaves.
Article 77.-
1- The employee on annual leave shall receive an advance payment equal to, at minimum, the pay for the days during leave. The travel expenditures and the salary of the employer during the days he/she spends on traveling shall be agreed upon by the two parties.
2- The employee with less than 12 months of work shall enjoy a number of days of leave corresponding with the length of his/her employment. This leave may be paid in cash.
SECTION III.- LEAVE FOR PERSONAL MATTERS, UNPAID LEAVE
Article 78.- The employee is entitled to fully paid leave for personal matters in the following situations:
1- Marriage: three days;
2- Marriage of his/her son or daughter: one day;
3- Death of a parent (including parents of the husband or the wife), death of spouse, death of a son or a daughter: 3 days.
Article 79.- The employee may agree with the employer to take unpaid leaves.
SECTION IV.- WORK TIME, BREAK TIME FOR PERSONS PERFORMING JOBS
OF A SPECIAL NATURE
Article 80.- The work and break time of persons working at sea, in mines and doing other jobs on a special nature shall be defined by the Government.
Article 81.- The work and rest periods of the employee employed under contracts of less than one day or less than one week or under package contracts, shall be agreed upon by the employee and the employer.
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Luật Lao động 1994 (Bản Pdf)
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