1. Regulations on working hours

1.1. Normal working hours

Normal working hours are regulated in Article 105 of the 2019 Labor Code, as follows:

1. Normal working hours shall not exceed 8 hours in 01 day and not exceed 48 hours in 01 week.

2. Employers have the right to regulate working hours by day or week but must notify employees; in case of weekly working hours, normal working hours shall not exceed 10 hours in 01 day and not exceed 48 hours in 01 week.

The State encourages employers to implement a 40-hour work week for employees.

3. Employers are responsible for ensuring that working hours exposed to hazardous and harmful factors are limited in accordance with national technical regulations and relevant laws.

1.2. Nighttime working time

Based on Article 106 of the 2019 Labor Code, nighttime working time is regulated as follows: “Nighttime working hours are calculated from 22:00 to 06:00 the following morning”

1.3. Overtime

Regulations on overtime are regulated in Article 107 of the 2019 Labor Code, as follows:

“1. Overtime is the working time outside of normal working hours as prescribed by law, collective labor agreement or labor regulations.

2. Employers are allowed to use employees for overtime when fully meeting the following requirements:

a) Must have the consent of the employee;

b) Ensure that the number of overtime hours of the employee does not exceed 50% of the normal working hours in 01 day; In case of applying the regulation on normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 01 day; not exceed 40 hours in 01 month;

c) Ensure that the number of overtime hours of employees shall not exceed 200 hours in 01 year, except for the case specified in Clause 3 of this Article.

3. Employers are allowed to employ employees to work overtime for no more than 300 hours in 01 year in the following industries, occupations, jobs or cases:

a) Production, processing for export of textile, garment, leather, footwear, electricity, electronics, processing of agricultural, forestry, salt, and aquatic products;

b) Production, supply of electricity, telecommunications, oil refining; water supply and drainage;

c) In cases where work requires highly skilled and technical workers that the labor market cannot supply in full and on time;

d) In cases where urgent work must be resolved and cannot be delayed due to the seasonal nature or timing of raw materials or products, or to resolve work arising from unforeseen objective factors, consequences of weather, natural disasters, fires, hostilities, power shortages, raw material shortages, or technical incidents of production lines;

d) Other cases as prescribed by the Government.

4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer must notify in writing the specialized labor agency under the provincial People's Committee.

5. The Government shall detail this Article.”

1.4. Overtime in special cases

The regulations on overtime in special cases are stipulated in Article 108 of the 2019 Labor Code, as follows:

“Employers have the right to request employees to work overtime on any day without being limited by the number of overtime hours as prescribed in Article 107 of this Code and employees may not refuse in the following cases:

1. Implementing mobilization orders to ensure national defense and security tasks as prescribed by law;

2. Performing tasks to protect human life and property of agencies, organizations and individuals in preventing and overcoming the consequences of natural disasters, fires, dangerous epidemics and disasters, except in cases where there is a risk of affecting the life and health of employees as prescribed by law on labor safety and hygiene.”

2. Regulations on employees' rest time

2.1. Rest during working hours

Breaks during working hours are stipulated in Article 109 of the 2019 Labor Code, as follows:

“1. Employees who work according to the working hours prescribed in Article 105 of this Code for 06 hours or more in a day are entitled to a break of at least 30 consecutive minutes, and those who work at night are entitled to a break of at least 45 consecutive minutes.

In case employees work in shifts continuously for 06 hours or more, the break time is counted as working hours.

2. In addition to the break time prescribed in Clause 1 of this Article, the employer shall arrange for employees to take breaks and record it in the labor regulations.”

2.2. Shift break

Based on Article 110 of the 2019 Labor Code, the break time between shifts is stipulated as follows: “Employees working in shifts are entitled to a break of at least 12 hours before moving to another shift.”

2.3. Weekly rest

Based on Article 111 of the 2019 Labor Code, the weekly rest period is stipulated as follows:

1. Each week, employees are entitled to at least 24 consecutive hours of rest. In special cases where the work cycle makes it impossible to have weekly rest, the employer is responsible for ensuring that employees have an average of at least 4 days off per month.

2. The employer has the right to decide to arrange weekly rest days on Sunday or another specified day of the week, but must record it in the labor regulations

3. If the weekly rest day coincides with the holidays specified in Clause 1, Article 112 of this Code, the employee is entitled to take a compensatory weekly rest day on the next working day.

2.4. Holidays and Tet holidays

Regulations on holidays and Tet holidays for employers are stipulated in Article 112 of the 2019 Labor Code, as follows:

1. Employees are entitled to take days off with full pay on the following holidays and Tet holidays:

a) New Year's Day: 01 day (January 1st)

b) Lunar New Year: 05 days

c) Victory Day: 01 day (April 30th)

d) International Labor Day: 01 day (May 1st)

e) National Day: 02 days (September 2nd and 01 day before or after)

f) Hung Kings' Commemoration Day: 01 day (March 10th of the lunar calendar)

2. Foreign employees working in Vietnam, in addition to the holidays prescribed in Clause 1 of this Article, are also entitled to 01 traditional Tet holiday and 01 day off for the following holidays:

a) New Year's Day: 01 day (January 10th)

b) Lunar New Year: 05 days

c) Victory Day: 01 day (April 30th)

d) International Labor Day: 01 day (May 1st)

e) National Day: 02 days (September 2nd and 01 day before or after)

f) Hung Kings' Commemoration Day: 01 day (March 10th)

2. Foreign employees working in Vietnam, in addition to the holidays prescribed in Clause

3. Annually, based on actual conditions, the Prime Minister shall decide on specific days off specified in Point b and Point d, Clause 1 of this Article.

2.5. Annual leave.

Based on Article 113 of the 2019 Labor Code on regulations on annual leave for employees, as follows:

1. Employees who have worked for 12 months or more for an employer shall be entitled to annual leave with full pay according to the labor contract as follows:

a. 12 working days for employees working in normal conditions

b. 14 working days for underage employees, employees with disabilities, employees working in arduous, toxic, or dangerous occupations.

c. 16 working days for employees working in especially arduous, toxic, or dangerous occupations.

2. Employees who have worked for less than 12 months for an employer shall have their annual leave days proportional to the number of months worked.'

3. In case of termination or job loss without taking annual leave or not taking all the annual leave days, the employer shall pay the salary for the days not taken.

4. The employer shall be responsible for regulating the annual leave schedule after consulting with the employer and must notify the employee in advance. The employee may agree with the employer to take annual leave in multiple times or combine annual leave for a maximum of 03 years at a time.

5. When taking annual leave before the salary payment date, the employee shall be paid an advance salary in accordance with the provisions of Clause 3, Article 101 of this Code.

6. When taking annual leave, if the employee travels by road, rail or waterway and the number of days for both going and returning is more than 02 days, from the 03rd day onwards, the travel time will be calculated in addition to the annual leave and will only be counted for 01 leave in the year. 7. The Government shall specify this in detail.

2.6. Annual leave increases with seniority

According to Article 114 of the Labor Code, it is stipulated as follows: “For every 5 years of working for an employer, the number of annual leave days of an employee as stipulated in Clause 1, Article 113 of this Code shall be increased by 1 day.”

Thus, according to the provisions of this Article, employees who have worked for 5 years or more shall be entitled to 1 additional day of annual leave.

2.7. Personal leave, unpaid leave

According to Article 115 of the Labor Code 2019, which stipulates unpaid leave and personal leave:

1. Employees are entitled to personal leave with full pay and must notify the employer in the following cases:

a) Marriage: 3 days off;

b) Marriage of biological or adopted children: 1 day off;

c) Biological father, biological mother, adoptive father, adoptive mother; biological father, biological mother, adoptive father, adoptive mother of wife or husband; wife or husband; biological child, adopted child dies: 03 days off.

2. Employees are entitled to 01 day of unpaid leave and must notify the employer when their paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological brother, sister, or sibling dies; father or mother gets married; biological brother, sister, or sibling gets married.

3. In addition to the provisions in Clause 1 and Clause 2 of this Article, employees can negotiate with the employer to take unpaid leave

Through the above regulations on time off and working time, it can be seen that the State cares about the working time and rest time of employees. In order to create the best conditions for employees to have good health and reasonable rest time so that employees can serve their work well and help the country develop.

The article is for reference only, the article is not intended to be a consultation. If you need advice, please contact us via email: info@barrso.com