Thông tư 20/2023/TT-BCT thời giờ làm việc công việc đặc biệt trong lĩnh vực thăm dò, khai thác dầu khí trên biển

CIRCULAR

WORKING HOURS AND REST PERIODS OF OFFSHORE PETROLEUM WORKERS

Pursuant to the Law on petroleum No. 12/2022/QH15 ratified by the National Assembly of the Socialist Republic of Vietnam on November 14^th 2022;

Pursuant to the Labor Code No. 45/2019/QH14 ratified by the 14^th National Assembly of the Socialist Republic of Vietnam on November 20^th 2019;

Pursuant to 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. the Government's Decree No. 96/2022/ND-CP dated August 29^th 2022 on functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Under an agreement with The Ministry of Labor, War Invalid and Social Affairs;

At request of the Director of Organization and Personnel Department;

The Minister of Industry and Trade promulgates a Circular on working hours and rest periods of offshore petroleum workers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for working hours and rest periods of workers doing special petroleum exploration and extraction works at sea.

Article 2. Regulated entities

1. Regulated entities:

a. Employers who are enterprises, organizations and individuals that hire, employ workers doing offshore petroleum exploration and extraction installations (hereinafter referred to as "offshore petroleum installations");

b. Workers who work in the field of petroleum exploration and extraction at offshore petroleum installations (hereinafter referred to as "offshore petroleum workers").

2. This Circular does not apply to workers holding seafarer positions.

Article 3. Definitions

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

1. An offshore petroleum work means an independent work or a compound of facilities or a technological line in one of the following facilities: drilling rig, extraction rig, processing and distribution rig, auxiliary rigs, pump rig, petroleum vessels, relevant devices, structures that are built, buried and installed permanently or temporarily within Vietnam's territorial sea.

2. A working session means a continuous period of time which starts when the worker arrives and ends when the worker leaves the offshore petroleum work, excluding travel time.

3. A shift means a working period of workers which starts when they are assigned tasks and ends when these tasks are handed over to other people, including: working hours and rest breaks.

Chapter II

WORKING HOURS, REST PERIODS

Section 1. Working hours

Article 4. Working hours of full-time workers

Working sessions and shifts of full-time workers at offshore petroleum installations:

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

b. A working session shall not last for more than 28 days.

Article 5. Working hours of part-time workers

1. Standard working hours

The standard working hours of an part-time worker in 1 year shall be calculated as follows:

Where:

SGLVN: Standard working hours per year

SNN: Number of days in the year

SNHN: Annual leave days of the worker according to the Labor Code

In case a worker has worked for less than 12 months in the year, the number of days in the year and annual leave days shall be proportional to the actual working period of the worker in the year.

Example 1: Mr. A continuously works for Company X from 2007 to 2023.

For 16 years of work, Mr. A has 3 additional leave days per year.

Mr. A's annual leave days in 2023 according to the Labor Code: 12 + 3 = 15 days

Number of days of 2023: SNN = 365 days

Standard working hours of Mr. A in 2023:

Example 2: Mr. B starts to work for Company Y from April 1^st 2023.

Mr. B's annual leave days at Company Y in 2023 according to the Labor Code and Article 66 of Decree No. 145/2020/ND-CP:

Remaining days of 2023: SNN = 275 days

Standard working hours of Mr. B in 2023:

2. Working sessions and shifts of part-time workers at offshore petroleum installations:

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

b. A working session shall not last for more than 45 days.

3. The employer and the part-time worker shall enter into a written agreement or reach a consensus on the working session and shift before dispatching him/her to the offshore petroleum work.

4. While not working at the offshore petroleum work, part-time workers shall be provided with compensatory rest period according to Clause 4 Article 8 or do onshore works under labor laws.

5. The total number of normal working hours of an part-time worker must not exceed the standard working hours per year specified in Clause 1 of this Article.

Article 6. Overtime work

1. For full-time workers, the working time outside of a shift or working session prescribed in Clause 1 Article 4 of this Circular shall be considered overtime. For part-time workers, the working time outside of a shift or working session prescribed in Clause 2 Article 4 of this Circular, or the working time exceeding the standard working hours per year prescribed in Clause 1 Article 5 of this Circular shall be considered overtime.

2. The total working hours of a shift and overtime of a worker must not exceed 14 hours per day; the total overtime of a worker must not exceed 300 hours per year.

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 elaborating some Articles of the Labor Code on working conditions and labor relations.

Article 7. Overtime work in special cases

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

2. Employers shall provide workers with compensatory rest period that is equivalent to the overtime.

If compensatory rest period cannot be provided, the employer shall provide overtime pay and other benefits for the workers as prescribed by law.

Section 2. Rest periods

Article 8. Rest periods

1. After each ship, workers are entitled to a rest period of at least 10 consecutive hours before starting the next shift.

2. Employers shall arrange rest breaks during working hours and include them as working hours. The total duration of rest breaks shall be at least 60 minutes. Each rest break must last for at least 30 consecutive minutes. A rest break during night work shall last for at least 45 consecutive minutes.

3. In addition to rest breaks, after each working session, full-time workers will be entitled to a continuous break that lasts for the same number of working days of the previous working session.

4. Rest periods of part-time workers shall be appropriate for their work and apply the following ratios:

a. When working at an offshore petroleum installation on weekdays, the worker will be given 0.5 compensatory day-off for every working day.

b. When working at an offshore petroleum installation during weekends, the worker will be given 1 compensatory day-off for every working day;

c. When working at an offshore petroleum installation during a public holiday, the worker will be given 2 compensatory days-off for every working day.

Article 9. Annual leave

In addition to breaks between working sessions, workers are entitled to annual leave according to 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 breaks between working sessions.

Article 10. Public holidays; Personal leave; Unpaid leave

1. Workers have public holiday leave, personal leave and unpaid leave according to Article 112 and Article 115 of the Labor Code.

2. In case the public holiday occurs during a working session, the workers shall be entitled to overtime pay in accordance with regulations of law.

Chapter III

IMPLEMENTATION CLAUSES

Article 11. 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 12. Entry into force

1. This Circular comes into force from December 25^th 2023.

This Circular replaces Circular No. 24/2015/TT-BCT dated July 31^st 2015 of the Minister of Industry and Trade on working hours and rest periods of offshore petroleum workers.

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./.

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