Thông tư 24/2015/TT-BCT thời giờ làm việc thời giờ nghỉ ngơi đối với công việc có tính chất đặc biệt

CIRCULAR

ON HOURS OF WORK AND HOURS OF REST APPLICABLE TO EMPLOYEES DOING SPECIAL JOBS IN THE FIELD OF PETROLEUM EXPLORATION AND EXTRACTION AT SEA

Pursuant to Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Labor Code No. 10/2012/QH13 passed by the National Assembly on June 18, 2012;

Pursuant to the Law on petroleum dated 1993; the Law No. 19/2000/QH10 on amendments to the Law on petroleum and the Law No. 10/2008/QH12 on amendments to the Law on petroleum;

At the request of Director of Organization and Personnel Department with consent of the Ministry of Labor, War Invalids and Social Affairs;

The Minister of Industry and Trade issues a Circular on hours of work and hours of rest applicable to employees doing special jobs in the field of petroleum exploration and extraction at sea,

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular deals with hours of work and hours of rest applicable to employees doing special jobs in the field of petroleum exploration and extraction at sea.

Article 2. Regulated entities

1. Employers being enterprises, agencies, organizations, cooperatives, households or individuals which employ workers in the field of petroleum exploration and extraction at sea (hereinafter referred to as the employers).

2. Employees doing jobs at petroleum projects at sea (hereinafter referred to as the employees).

3. Any employee holding position of seafarer shall not be regulated by this Circular.

Article 3. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1. Petroleum project at sea means any floating equipment, complex of equipment, structure which is permanently or temporarily constructed and installed at sea for petroleum activities.

2. Working session means a period of working time of an employee determined from his/her occurrence to departure from the petroleum project at sea, excluding the travel time.

3. Shift means a period of working time of an employee determined from his/her receipt of assignment to his/her transfer of assignment to another employee, including: hours of work and short breaks.

Chapter II

HOURS OF WORK AND HOURS OF REST

Section 1. Hours of work

Article 4. Hours of work applicable to full-time employees

1. A full-time employee shall apply the following hours of work:

a. A shift of up to 12 hours; and

b. a working session of up to 28 days.

2. The employer shall provide labor regulations on shifts and working sessions at petroleum project at sea. The employees must be notified before his/her occurrence at work.

Article 5. Hours of work applicable to part-time employees

1. Standard hours of work

Total standard working hours applicable to a part-time employee in a year:

Where:

SGLVN: Number of working hours in the year

SNN: Number of days in the year

SNHN: Number of annual leave of the employee prescribed in the Labor Code

If the employee has not worked for the full year (12 months), the number of days in the year (SNN) and the number of annual leave (SNHN) shall be determined in proportion to their working time from the day on which he/she starts working for the employer in that year.

Example 1: Mr. A has worked for X petroleum company from 1999 to 2015.

Number of his additional annual leave corresponding to his 16 years of work is 3 days.

Number of his annual leave in 2015 prescribed in the Labor Code is: SNHN = 12 + 3 = 15 days

Number of days in 2015 is: SNN = 365 days

Number of standard working hours in 2015 of Mr. A is:

Example 2: Mr. B has worked for Y petroleum company from April 1, 2015.

Number of his annual leave at Y petroleum company in 2015 prescribed in the Labor Code is: SNHN = 12 x 9/12 = 9 days

Number of remaining days in 2015 is: SNN = 275 days

Number of standard working hours in 2015 of Mr. B is:

2. A part-time employee shall apply the following hours of work:

a. A shift of up to 12 hours; and

b. a working session of up to 45 days.

3. The employer shall agree with the employee about working session and shift before he/she receives the part-time job at petroleum project at sea.

4. When the part-time employee does not work at petroleum project at sea, he/she shall be entitled to compensatory rest periods or perform work on land as prescribed in legislation on labor.

5. Total number of normal working hours of the part-time employee in the year shall not exceed standard working hours prescribed in Clause 1 of this Article.

Article 6. Overtime

1. The working time beyond the working sessions or shifts prescribed in Clause 1 Article 4 applicable to full-time employees shall be considered overtime. The working time beyond the working session and shift prescribed in Clause 2 Article 5 or working time in excess of standard working hours in the year prescribed in 1 of Article 5 applicable to part-time employees shall be considered overtime.

2. Total number of hours of work and overtime of an employee shall not exceed 14 hours per day.

3. Total number of overtime of an employee shall not exceed 50 hours per working session and 300 hours per year in any case.

Article 7. Overtime in special cases

1. Special cases include: carry out mobilization orders, mobilization for the national defense and security in emergency situations; perform the works to protect human life, property and the environment around petroleum projects in response to disasters, fires, epidemics, and disasters.

2. In special cases, the employer may require any employee to work overtime in any day which is not included in the working hour limit in a day and working day limit in a session as prescribed in Clause 2 and Clause 3 of Article 6.

3. The employers shall pay salaries and overtime policies for the employees.

Section 2. Hours of rest

Article 8. Hours of rest

1. After each shift at sea, each employee shall be provided with at least 10 consecutive hours before his/her next shift.

2. The employer must provide with the employee with rest periods including in hours of work. The total rest periods are at least 60 minutes.

3. Apart from rest periods, after each working session, each full-time employee shall be provided with consecutive days of rest which equal (=) number of working days of the previous working session. Each part-time employee shall be provided with a number of days of rest in conformity with his/her jobs, provided that it is not lower than 5 consecutive days.

Article 9. Annual leave

1. Each employee shall be entitled to annual leave, other than short breaks, in accordance with legislation on labor.

2. In case the employer fails to provide the employee with annual leave, the employer may agree with the employee on including annual leaves to rest periods during working sessions.

Article 10. Public holiday leave, personal leave and unpaid leave

1. The employee is entitled to public holiday leave, personal leave and unpaid leave in accordance with legislation on labor.

2. If public holidays fall in a working session, the employee shall be paid overtime as prescribed.

Chapter III

IMPLEMENTATION

Article 11. Implementation

1. Organization and Personnel Department – the Ministry of Industry and Trade shall take charge and cooperate with relevant agencies and units in guidance and inspection of comply with of this Circular.

2. Employers must comply with this Circular and relevant regulations.

3. Vietnam National Oil and Gas Group shall instruct its subsidiaries, joint ventures as prescribed in Charter of organization and operation of Vietnam National Oil and Gas Group to implement this Circular.

4. Employers must send regular reports to The Ministry of Industry and Trade every January 15 and irregular reports at the requests of competent agencies in terms of implementation of this Circular.

Article 12. Effect

1. This Circular comes into force from October 1, 2015.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.