Vietnam – Regulations On Working Time And Rest Time For Employees.

4 January 2022
 

On 15 December 2021, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 18/2021/TT-BLDTBXH to give guidance on the working time and rest time for employees doing seasonal-producing work and processing of goods under purchase orders. Some notable contents are as follow:

 

• The employees being subject to the application of this Circular are those who are working under a labor contract with a fix-term of full 12-36 months and indefinite-term with the following job:

 

• Seasonal production in the agro-forestry-fishery-salt industry, requiring immediate harvesting or processing immediately after harvest;

 

• Processing goods according to purchase orders, depending on the time requested by the owner of the goods.

 

• The total number of standard working hours and working overtime hours in a day must not exceed 12 hours.

 

• The total number of standard working hours and working overtime hours in a week must not exceed 72 hours.

 

• The total number of working overtime hours in a month must not exceed 40 hours. The total number of working overtime hours in a year must not exceed 300 hours.

 

• Every week, employees are entitled to at least 1 day off (24 consecutive hours). During the seasonal months or when it is urgent to process export goods according to purchase orders, if it is not possible to take a weekly break, it is necessary to ensure that employees have at least 04 days off every month.

 

• In case the employer decides to implement the regime of working time and rest time according to this Circular, the employer must:

 

• Make and adjust the plan of working time and rest time in the year according to the guidance of this Circular. When making and adjusting the plan, it is necessary to consult the representative organization of employees at the grassroots level;

 

• Notify the plan of working time and rest time to the employees at least 30 days before implementation;

 

• Pay wages to employees in accordance with the labor contract and the provisions of law; and

 

• Report annually to the competent authority on the implementation of this Circular in the report on occupational safety and health.

 

• The method of calculating the standard working time in the year, the principles of using the standard working time, and the plan to determine the number of standard working hours per day of the employee is detailed in this Circular.

 

• The Circular shall take effect on 1 February 2022.