Thông tư 12/2022/TT-BCT quy định về thời giờ làm việc, thời giờ nghỉ ngơi đối với người lao động làm công việc vận hành, bảo dưỡng, sửa chữa hệ thống đường ống phân phối khí và các công trình khí do Bộ trưởng Bộ Công thương ban hành

CIRCULAR

WORKING HOURS, REST PERIODS FOR WORKERS OPERATING, MAINTAINING, REPAIRING GAS DISTRIBUTION PIPELINES AND GAS WORKS

Pursuant to Article 166 of the Labor Code No. 45/2019/QH14, which was ratified by the National Assembly of Vietnam on November 20^th 2019;

Pursuant to Article 66 of the Government’s Decree No. 145/2020/ND-CP dated December 14^th 2020 elaborating some Articles of the Labor Code on working conditions and labor relations;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18^th 2017 on functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

At request of the Director of Organization and Personnel Department;

After reaching a consensus with the Ministry of Labor, War Invalid and Social Affairs, the Minister of Industry and Trade promulgates a Circular on working hours, rest periods of workers operating, maintaining, repairing gas distribution pipelines and gas works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes the working hours, rest periods of workers operating, maintaining, repairing gas distribution pipelines and gas works.

Article 2. Regulated entities

1. Regulated entities:

a. Employers who are organizations and individuals that employ workers to perform management, operation, maintenance, repair of inland gas distribution pipelines and gas works;

b. Workers who perform tasks including operation, maintenance, repair of gas distribution pipelines and gas works at manufacturing facilities of the employers mentioned in Point a of this Clause.

2. This Circular does not apply to workers who indirectly work at manufacturing facilities of the employers mentioned in Point a Clause 1 of this Article.

Article 3. Definitions

For the purposes of this Circular, the terms below are construed as follows:

1. A shift means a working period of a worker, including: working hours at the working site and rest breaks during working hours.

2. A working session means the total number of continuous working days of a worker, each of which has one shift, starting when the worker arrives and ending when the worker leaves the manufacturing facility, excluding travel time.

3. Working hours of a worker at a working site includes the direct working hours and rest breaks during working hours defined in Clause 2 Article 109 of the Labor Code.

Chapter II

WORKING HOURS, REST PERIODS

Article 4. Working hours

Workers who operate, maintain, repair gas distribution pipelines and gas works shall work in shifts and working sessions. To be specific:

1. A shift shall not last for more than 12 hours in 01 day.

2. A working session shall not last for more than 07 days.

Article 5. Overtime work

1. Overtime means the working time outside of a shift or working session prescribed in Article 4 of this Circular.

2. The total working hours of a shift and overtime in 01 day must not exceed 12 hours; the total overtime in 01 year must not exceed 300 hours.

3. Overtime work is subject to consent of workers and must comply with regulations of Article 59 and Article 62 of the Government’s Decree No. 145/2020/ND-CP dated December 14^th 2020.

4. Overtime work in special cases shall be organized in accordance with Article 108 of the Labor Code.

Article 6. Rest breaks during working hours

1. Rest breaks during working hours shall comply with regulations of Article 109 of the Labor Code.

2. The interval between two consecutive shifts must not exceed 45 minutes.

Article 7. Breaks between shifts; Public holidays; Annual leave; Personal leave, unpaid leave

1. Breaks between shifts; Public holidays; Personal leave, unpaid leave shall comply with regulations of Article 110, Article 112 and Article 115 of the Labor Code.

2. Annual leave shall comply with Article 113 and Article 114 of the Labor Code. If annual leave cannot be given, the employer shall reach an agreement with the workers on spending their annual leave during the rest periods between working sessions.

Article 8. Rest periods between working sessions

After each working session, the workers will be entitled to a continuous rest period that lasts for the same number of working days of the previous working session.

Chapter III

IMPLEMENTATION CLAUSES

Article 9. Responsibility of employers

1. Employers have the responsibility to specify the shifts and working sessions in their labor regulations, and inform the workers before they come to work in accordance with regulations of law.

2. Submit reports to the Ministry of Industry and Trade on the implementation of this Circular before January 15^th every year, and submit ad hoc reports at the request of competent authorities.

Article 10. Entry into force

1. This Circular comes into force from September 9^th 2022.

2. Organization and Personnel Department shall supervise and inspect the implementation of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration and settlement within its jurisdiction./.