Labor Code of Vietnam 2012 - Chapter VII WORKING HOURS AND BREAK HOURS

Chapter VII WORKING HOURS AND BREAK HOURS

Chapter VII

WORKING HOURS AND BREAK HOURS

Section 1. WORKING HOURS

Article 104. Normal working hours

1. Working hours shall not exceed 08 hours per day or forty eight (48) hours per week.

2. The employer shall have the right to determine the working hours on a daily or a weekly basis; in case of weekly basis, the normal working hours shall not exceed 10 hours/1 day, but not exceed 48 hours/1 week

The State encourages the employer to implement the 40-hour working week.

3. The working hours shall not exceed 06 hours in 01 day for those whose works are extremely hard, harmful and dangerous under the list issued by the Ministry of Labour – Invalids and Social Affairs in coordination with the Ministry of Health.

Article 105. Working hour at night

The working hour at night is calculated from 22 pm to 6 am of the following day.

Article 106. Overtime working

1. Overtime working is the working period besides the normal working hours specified in the law, the collective labor agreement or the labor rule.

2. The employer is entitle to employ the employee to work overtime upon satisfying the following conditions:

a) With the consentofthe employee;

b) To ensure that the overtime hours of the employee shall not exceed 50% of the normal working hours in 01 days, in case of application of working regulation on weekly basis, , the total normal working hours and the overtime hours shall not exceed 12 hours in a day, and less than 30 hours in 01 months and the total of not more than 200 hours in 01 year, except for some special cases stipulated by the Government for the overtime working but shall not be more than 300 hours in 01 years;

c) After each time of overtime working with consecutive days in month, the employer must arrange for the employee to take compensatory leave for the time without days-off.

Article 107. Overtime workinginthespecial case

The employer has the right require the employees to work overtime on any day and the employees shall not be entitled to decline in the following cases:

1. Performing the mobilization order to guarantee the duties of national defense and security in the state of emergency on national defense and security as prescribed by law;

2. Performing work to protect human life and property of the agencies, organizations and individuals in the preventing and surmounting the consequence of the natural disasters, fire, epidemics and disasters.

Section 2. BREAK HOURS

Article 108. Break during working hour

1. The employee who works for 08 or 06 hours consecutively as prescribed in the Article 104 of this Code shall be entitled to a break of at least half an hour which shall be included in the number of working hours.

2. In case of working nightshift, the employee shall be entitled to a break of at least forty five (45) minutes which shall be included in the number of working hours.

3. Besides the break between the hours specified in Clause 1 and Clause 2 of this Article, the employer shall determine the time of the short breaks and record in the labor rule.

Article 109. Break after shift

The employee who works by shift is entitled to a break at least 12 hours before starting another shift.

Article 110. Weekly rest

1. In every week, each employee shall be entitled to a rest of at least twenty four consecutive hours. In special cases, due to the work cycle, the employee cannot take weekly rest, then the employer shall ensure that employees is entitled to at least 04 days/ 01 months on average.

2. The employer has the right to decide and arrange the weekly rest on Sundays or a fixed date in a week but must record in the labor rule.

Article 111. Annual leave

1. An employee who has 12 months in full to work for an employer shall be entitled to annual leave fully paid under the labor contract as follows:

a) Twelve (12) working days shall apply to employees working in normal working conditions;

b) Fourteen (14) working days shall apply to persons working in heavy, dangerous, or toxic jobs, or in places with harsh living conditions under the list issued by the Ministry of Labour, Invalids and Social Affairs in coordination with the Ministry of Health and to the employee under the age or the disabled employee

c) Sixteen (16) working days shall apply to persons working in extremely heavy, dangerous, or toxic jobs, or to the persons working in places with extremely harsh living conditions under the list issued by the Ministry of Labour, Invalids and Social Affairs in coordination with the Ministry of Health.

2. The employer is entitled to regulate the annual leave schedule after consulting with the employees and must give notice to employees in advance.

3. The employee can agree with the employer on taking annual leave in installments or combining 03 annual leave into one leave maximally.

4. When taking annual leave, if the employee travels by road, railway and waterway vehicles, the number of days to go and come back is over 02 days, from the 3^rd day onwards, the traveling time is added besides the annual leave and is calculated only one time in a year.

Article 112. Annual leave increased by work seniority

Every 05 working years for an employer, the number of annual leave of the employee as prescribed in Clause 1 of Article 111 of this Code shall be increased 01 day accordingly

Article 113. Advance of salary and traveling expenses for the annual leave

1. When taking annual leave, the employee is advanced an amount at least equal to the salary of the days-off.

2. The travel expenses and salary in the traveling days shall be agreed by both parties.

For employees in the lowland working in the upland and remote areas, border, island and the employee in the upland and remote areas, border and island areas working in the lowland, the employer shall pay the traveling expenses and salaries in the traveling days to the employee.

Article 114. Payment of salary of the days-off untaken

1. An employee of an enterprise who, due to job leaving, job loss or other reasons, fails to take his annual leave or has not used up all his annual leave shall be paid salary for those days not taken.

2. An employee whose period of employment is less than twelve (12) months shall be entitled to annual leave of a duration calculated in proportion to the period of employment. In case of not taking leave, he may receive the payment instead.

Section 3. HOLIDAY LEAVE, PERSONAL LEAVE AND LEAVE WITHOUT PAY

Article 115. Holiday and Tet leave

1. An employee shall be entitled to have days off fully paid on the following public holidays:

a) Calendar New Year Holiday: one day (the first day of January of each calendar year);

b) Lunar New Year Holidays: Five days

c) Victory Day: 01 day (the 30^th of April of each calendar year);

d) International Labour Day: one day (the first day of May of each calendar year);

dd) National Day: 01 day (the second day of September of each calendar year).

e) Hung Kings Commemoration Day (the 10^th of March of each Lunar year)

2. The employees who are foreign citizens working in Vietnam, besides the holidays as prescribed in Clause 1 of this Article, they also take an additional day of traditional Tet and 01 day of their country's National Day.

3. Where the public holidays as prescribed in clause 1 of this Article coincide with a weekly days- off, the employee shall be entitled to take the succeeding compensatory days-off instead.

Article 116. Personal leave and leave without Pay

1. An employee may take leave for personal reasons but fully paid in the following cases:

a) Marriage: 03 days;

b) Marriage of his children: 01 day;

c) Death of natural parents, wife or husband’s parents, wife or husband or child: 03 days.

2.An employee may take 01 day leaves unpaid and must notify the employer when his grandparents, natural brother and sister dies; parent or mother gets married; natural brother and sister gets married.

3. In addition to the provisions of Clause 1 and Clause 2 of this Article, the employee may agree with the employer to take unpaid leave.

Section 4. WORKING TIME AND REST TIME FOR THE PERSON PERFORMING WORK WITH PARTICUPAR PROPERTIES.

Article 117. Working time and rest time for the person performing work with particupar properties.

For jobs with particular properties in the area of ​​road, railways, waterways and air transportation, oil and gas exploration and extraction at sea; working at sea, in the area of art; using radiation and nuclear engineering; application of high frequency waves; diver’s work, work in the pit; work of seasonal production and work of goods processing by the purchase order; the 24/24 permanent work, the management ministries and sector shall specifically regulate the working time and the rest time after having agreed with the Ministry of Labour, Invalids and Social Affairs and must comply with the provisions in the Article 18 of this Code.