Chương 2 Nghị định 45/2013/NĐ-CP hướng dẫn Bộ luật lao động thời giờ làm việc nghỉ ngơi: Thời giờ làm việc, thời giờ nghỉ ngơi

Chapter 2.

HOURS OF WORK AND REST

SECTION 1. HOURS OF WORK

Article 3. Periods included in paid working hours

1. Rest periods during hours of work as prescribed in Article 5 of this Decree.

2. Breaks at work according to the characteristics of the job.

3. Rest periods necessary for physiological needs of humans

4. A rest period of 60 minutes every day for female employees having children under 12 months of age.

5. A rest period of 30 minutes every day for menstruating female employees.

6. Periods during which work are paused that are not on account of employees.

7. Periods of training in occupational safety and occupational hygiene.

8. Periods of meeting or training requested or agreed by the employee.

9. Periods of meeting or training requested by superior Trade Union as prescribed by the laws on Trade Union.

10. The working hours of elderly employees shall be shortened to at least 01 hour in the last year before their retirement.

Article 4. Overtime

1. Overtime hours in a day shall:

a) Not exceed 50% of the normal working hours in 01 day; the total normal working hours and overtime hours shall not exceed 12 hours in a day when applying weekly working hours;

b) Not exceed 12 hours in a day when working overtime on public holidays and weekends.

2. 200-300 overtime hours in a year:

a) Overtime hours are permitted in the following cases:

- Production and processing of textiles, garments, leather, shoes, agricultural, silvicultural, and aquaculture products;

- Electricity supply, telecommunication services, oil refinery, water supply and drainage,

- Other urgent cases in which works must not be postponed.

b) When organizing overtime, employees shall notify local specialized agencies that assist People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) in charge of labor management.

3. Compensatory rest periods prescribed Point c Clause 2 Article 106 of the Labor Code:

a) After each overtime up to 07 consecutive days in a month, the employer shall provide their employees with compensatory rest periods;

b) Where compensatory rest periods are not available, overtime pay shall be given as prescribed in Article 97 of the Labor Code.

SECTION 2. HOURS OF REST

Article 5. Rest periods during working hours

1. The short breaks prescribed in Clause 1 and Clause 2 Article 108 of the Labor Code are considered working hours in a 08-hour shift in normal conditions or 06 hours if shortened. Specific rest periods are decided by the employer.

2. Apart from short breaks during a normal shift prescribed in Clause 1 of this Article, employees working 10 hours a day or more, including overtime hours, shall be given at least 30 minutes of rest during working hours

Article 6. Periods considered working hours of employees to calculate annual leaves

1. The apprenticeship specified in the apprentice contract.

2. The probation period in the labor contract.

3. Separate paid leaves according Clause 1 Article 116 of the Labor Code.

4. Unpaid leaves agreed by the employee, but the total length must not exceed 01 month.

5. Rest periods due to occupational accidents or occupational illness, but the total length must not exceed 06 months.

6. Rest periods due to sickness, but the total length must not exceed 02 months.

7. Maternity leaves as prescribed by the laws on social insurance.

8. Rest periods to do Trade Union activities as prescribed by the laws on Trade Union.

9. Periods during which works are suspended that are not on account of employees.

10. Suspension periods

11. Detention period after which the employee is released and goes back to work after being declared innocent by competent state authorities.

Article 7. Calculation of number of days of annual leave when a person has not worked for a full year.

The number of days of annual leave as prescribed in Clause 2 Article 114 of the Labor Code equals the number of days of annual leave plus additional days off according to seniority (if any) divided by 12 months, then multiplied by the actual number of working months in the year; the result shall be rounded up if the decimal is 0.5 or bigger.

Article 8. Lunar New Year Holiday

1. The period of Lunar New Year Holiday according to Clause 1 Article 115 of the Labor Code is selected by the employee, either 01 last day and 04 first days of the lunar year, or 02 last days and 03 first days of the lunar year.

2. Employers shall notify employees of the Lunar New Year Holiday plan at least 30 days before the holiday.