The 2019 Labor Code has introduced various provisions aimed at protecting workers' rights while also creating favorable conditions for the sustainable development of the labor market. Among these, the regulations concerning working hours and rest time are crucial issues, directly impacting the health and life of workers.

1. Working Hours

According to Article 105 of the 2019 Labor Code, the working hours of employees are specifically regulated as follows:

- Normal working hours: The working time is not to exceed 8 hours per day and 48 hours per week. This regulation aims to ensure that workers have sufficient time to rest and recover after stressful working hours.

- Daily and weekly working hours: If employees work on a weekly basis, the working hours can be flexibly adjusted, but still must not exceed 10 hours per day and 48 hours per week.

- Working hours according to employment contracts: Employers and employees can agree on specific working hours in the labor contract, but they must comply with legal regulations on the maximum working hours per day and week.

2. Rest Time

Rest time is an important factor in protecting workers' health and improving labor productivity. According to Article 109 of the 2019 Labor Code, employees have the right to rest after each working shift. Specifically, the regulations regarding rest time include:

- Breaks during work: Employees are entitled to a break of at least 30 minutes if they work according to the hours specified in Article 105 of the Labor Code. For night shifts, the break must be at least 45 minutes.

- Employees working in shifts must rest for at least 12 hours before transitioning to the next shift.

- Weekly rest: Employees are entitled to at least 24 continuous hours of rest each week. This regulation ensures that employees have time to rest and recover for the next working week. The weekly rest time can be adjusted if both parties agree, but the employer is responsible for ensuring that employees have an average of at least 4 days off per month.

- Public holidays and Tet holidays: According to Article 112 of the 2019 Labor Code, employees have the right to take public holidays and Tet holidays as prescribed by law. If employees are required to work during public holidays or Tet, they are entitled to a salary of at least 300% of their normal working day wage.

- Annual leave: Employees are entitled to annual leave based on the length of their employment at the company. According to Article 113, employees who have worked for 12 months at a company are entitled to at least 12 days of paid leave per year.

3. Special Cases

The 2019 Labor Code also provides for special cases regarding the calculation of working hours and rest time, including:

- Overtime: In certain cases, employees may work overtime beyond the 8-hour daily limit or the 48-hour weekly limit. However, employers must comply with regulations regarding overtime pay, ensuring that workers' health is not affected. Overtime pay must be at least 150% of the normal working hour wage.

- Work in special conditions: For jobs in harsh or hazardous environments, employees may be entitled to more rest time compared to regular jobs to protect their health. These jobs are usually regulated in specific decrees and circulars issued by the competent authorities.

The working hours and rest time regulations in the 2019 Labor Code of Vietnam are not only time-related provisions but also fundamental principles designed to protect workers' rights. Compliance with these regulations helps ensure the health and well-being of workers while creating a fair and efficient working environment. Therefore, both employers and employees need to clearly understand and fully implement the regulations on working hours and rest time to maintain the sustainable development of the labor market.

This article is for informational purposes only and is not intended as advice. For more information, please contact: info@barrso.com.