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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 12/2022/TT-BCT |
Hanoi, July 25, 2022 |
Pursuant to Article 166 of the Labor Code No. 45/2019/QH14, which was ratified by the National Assembly of Vietnam on November 20th 2019;
Pursuant to Article 66 of the Government’s Decree No. 145/2020/ND-CP dated December 14th 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 18th 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.
This Circular prescribes the working hours, rest periods of workers operating, maintaining, repairing gas distribution pipelines and gas works.
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.
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.
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.
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 14th 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.
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 15th every year, and submit ad hoc reports at the request of competent authorities.
1. This Circular comes into force from September 9th 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./.
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PP MINISTER |
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
