REST BREAKS DURING WORKING HOURS, WHICH CASES WILL BE APPLIED?

Working time and rest time are the content specified by the current law and are mandatory compliance requirements. This is also one of the basic conditions to ensure the health of workers as well as the quality of work.

So, currently, how is the issue of rest between shifts of employees regulated? Only workers such as workers who work in a continuous 8-hour shift will be counted for this 30′, or will all cases of 8-hour/day work be counted?

1.         Rest time

Employees have the right to take leave but still be paid in the following cases:

–           Rest breaks during working hours.

–           Breaks between shifts.

–           Weekly breaks.

–           Public holidays.

–           Annual leave.

–           Personal leave, unpaid leave

–           Leave to ensure the health of female employees.

–           Other cases as prescribed by law, internal labor regulations and/or collective labor agreement.

2.         Rest breaks during working hours

Pursuant to the provisions of Article 109 of the Labor Code 2019, leave during working hours is determined:

–           Employees, when working in a 6-hour continuous shift under normal conditions, will be entitled to a break of at least 30 minutes between working hours, which is counted in the working time. If employees work at night, they will be entitled to at least 45 minutes of rest between working hours.

–           The employer will specify the time of rest between hours and further regulations on the break recorded in the labor regulations.

Thus, the regulation on resting during working hours of at least 30 minutes will be applied to employees subject to the provisions of the Labor Code. Which means, any employee who performs the normal working time regime (refer to section 3 of the article) in a continuous 6-hour shift will be entitled to at least 30 minutes of rest between shifts.

>> CASES WHERE A FOREIGN WORKER IS EXEMPT FROM A WORK PERMIT https://linconlaw.vn/cases-where-a-foreign-worker-is-exempt-from-a-work-permit/

>> INTERNATIONAL FREIGHT CONTRACT, WHAT SHOULD BE NOTED WHEN ENTERING? https://linconlaw.vn/international-freight-contract-what-should-be-noted-when-entering/

3.         Normal working hours

According to current laws, wormal working hours shall not exceed 08 hours per day or 48 hours per week.

The enterprise as an employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.

The 40-hour working week for employees is encouraged for the employer by the State.