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:
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SGLVN=
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(SNN – SNHN) x 12h
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2
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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:
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SGLVN =
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(365 – 15) x 12h
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= 2100 hours
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2
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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:
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SGLVN =
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(275 – 9) x 12h
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= 1596 hours
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2
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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.
Tìm kiếm
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