How is working time of the employees regulated?

Wed, 15 Nov 2017 09:48:04 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Normal working hours are no more than 8 hours in a day and 48 hours in a week. Employers have the right to estipulate working time according to hours, days or weeks.

As reflected by Mai Thi Thu Hang (in Hanoi City), her company specifies the specific working time for each department, the production department is working from 20h30 to 5 am next day, in which, the break time for rest is from 23h00 to 23h10 (not included in the work hours), from 1:00 to 2:00 (50 minutes at work is calculated in the work hours, 10 minutes is not included in the work hours). From 4:00 am to 4:00 pm is excluded in the work hours.

Ms. Hang would like to ask, has the company stipulates that such working time in accordance with the regulations?

Regarding this issue, the Ministry of Labor, War Invalids and Social Affairs shall reply as follows:

For normal working time as provided in Article 104 of the Labor Code:  Normal working time must not exceed 8 hours per day or 48 hours per week. An employer may determine the working time on an hourly, daily or weekly basis; in case of working on a weekly basis, the normal working time must not exceed 10 hours per day and not exceed 48 hours per week. The State encourages employers to apply 40 working hours per week. The working time must not exceed 6 hours per day for employees who perform extremely heavy, hazardous or dangerous jobs on a list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.

Due to the content of the question that she asks do not have enough information, so there is no basis to determine the normal working time of the Company is in accordance with the law.

About night time rest: Clause 2, Article 108 of the Labor Code has stipulated that an employee who works at night is entitled to a break of at least 45 minutes in the middle of working which must be counted in the working hours. Clause 3, Article 108 of the Labor Code has stipulated Besides the breaks in the middle of working prescribed in Clauses 1 and 2 of this Article, the employer shall determine other short breaks and include them in the internal working regulations.It must be calculated at the working time enjoyed pay.

Pursuant to Clauses 2 and 3, Article 3 of Decree No. 45/2013 / ND-CP dated May 10, 2013 detailing a number of articles of the Labor Code on working time, rest time and occupational safety and hygiene on the basis of the nature of the work or necessary leave in the course of work, which has been included in the labor norm for the human physiological needs, it shall be calculated at the working time enjoyed pay.

For convenience, please contact the Department of Labor, Invalids and Social Affairs for detailed instructions and legal assistance.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic


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