Circular No. 15/2003 guiding the implementation of the provisions on overtime working in Decree No. 109/2002 dated 27 December 2002. Official Gazette, 2003-06-29, No. 65 and 66, PP 16-23.
Labour Code dated 23 June 1994, as amended to 2 April 2002 (effective 1 January 2003), [Law 35-2002-QH10]. Law amending and supplementing a number of articles of the Labour Code dated 29 November 2006 (effective 1 July 2007) also attached. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.
Remarks: The Labour Code applies to all workers, and organizations or individuals utilizing labour on the basis of a labour contract in any sector of the economy and in any form of ownership and further applies to trade apprentices, domestic servants, and other forms of labour stipulated in the Labour Code (§2 Labour Code). A worker who works at home in a cottage industry shall not be subject to the provisions of the Code (§137(2) Labour Code).
Article 1 of Decree 195/1994, as amended by Decree 109/2002, specifies that laborers working in the following enterprises, agencies and organizations are covered by the work and rest time provisions of the Labour Code: 1. Enterprises set up and operating under the State Enterprise Law; 2. Enterprises set up and operating under the Enterprise Law; 3. Enterprises operating under the Law on Foreign Investment in Vietnam; 4. Enterprises of political organizations and socio-political organizations; 5. Cooperatives operating under the Cooperative Law, which employ laborers according to the regime of labor contracts; 6. Educational, medical, cultural and sports establishments set up under the Government's Decree No. 73/1999/ND-CP of August 19, 1999 on the policy of encouraging socialization of educational, medical, cultural and sports activities; 7. Cooperative teams, individual business households, households and individuals that hire laborers; 8. Vietnam-based international or foreign agencies and organizations which employ Vietnamese laborers, except otherwise provided for by the international treaties which the Socialist Republic of Vietnam has signed or acceded to. This Decree also applies to public servants and employees in the administrative and non-business agencies, persons holding the elected or appointed posts in political organizations, socio-political organizations and mass organizations, and members of the People's Army and Peoples Public Security forces, except otherwise prescribed for different subjects by separate legal documents.
Name of Act
Decree No. 195 on detailed provisions and guidance for the implementation of a number of articles of the Labour Code on work and rest time, dated 31 December 1994 (effective 1 January 1995) and Decree No. 109/2002 amending and supplementing a number of articles of the Government’s Decree No. 195 of 31 December 1994 which details and guides the implementation of anumber of articles of the Labour Code on working time and rest time, dated 27 December 2002 (effective 1 January 2003). Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.
Circular No. 16/1997 providing guidance on the shortened working day applicable to the persons engaged in exceptionally heavy, harmful and harzardous work, dated 23 April 1997. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.
Circular No. 14/1999 instructing the implementation of the regime on working and off-work hours applied to labourers engaged in seasonal production and processing of export products on the order basis, dated 18 May 1999. Published on Asemconnectvietnam at http://asemconnectvietnam.gov.vn/lawdetail.aspx?lawid=395 and accessed 17 August 2011.
Circular No. 3/1997 guiding the implementation of a number of articles of Decree No. 23/1996 of April 18, 1996 with specific stipulations about women labour, dated 13 January 1997. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 16 August 2011.
Decree No.23/1996 stipulating in details and guiding the implementation of some articles in the Labor Code concerning specific regulations on women laborers, dated 18 April 1996. Published by Vietnamese Law Consultants at http://vietnamese-law-consultancy.com/english/content/browse.php?action=shownews&category=&id=9&topicid=841 and accessed 18 August 2011.
Circular No. 14/1999 guiding the implementation of the regime of reducing the weekly working hours applicable to State enterprises, dated 4 October 1999. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 16 August 2011.
Decision No.188/1999 on the application of new working regime of 40 hours a week, dated 17 September 1999 (effective as at 2 October 1999). Published on Asemconnectvietnam at http://asemconnectvietnam.gov.vn/lawdetail.aspx?lawid=406 and accessed 17 August 2011.
Remarks: This Decision only applies to officials and public employees as well as laborers in the administrative and non-business agencies and units and to political and socio-political organizations.
LEGAL DEFINITIONS
Working time/working hours
Working time is not defined by the Labour Code. However, Decree 195/1994 provides that paid work time includes the following: - The rest time in between a workshift; - The break time required by the nature of the work; - The necessary break time allocated in the work process for natural physical demands; - The 60-minute rest per day for women laborers nursing children under 12 months of age; - The 30-minute rest per day for women laborers on menstruation; - The work stoppages not due to the fault of the laborers; - The time for study and training on labor safety and hygiene; - The time for meeting and study requested or allowed by the employer.
Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §3(3)
Employee/worker
Employee shall mean a person of at least 15 years of age who is able to work and has entered into a labour contract.
Labour Code 1994 §6
Remarks: A labour contract is an agreement between the employee and the employer on the paid job, working conditions, and the rights and obligations of each party in the labour relationship (§26 of the Labour Code).
Further, §1 of Decree 195/1994 (as amended by Decree 109/2002) particularises those covered by the work and rest time provisions of the Labour Code as being laborers working in the following enterprises, agencies and organizations: 1. Enterprises set up and operating under the State Enterprise Law; 2. Enterprises set up and operating under the Enterprise Law; 3. Enterprises operating under the Law on Foreign Investment in Vietnam; 4. Enterprises of political organizations and socio-political organizations; 5. Cooperatives operating under the Cooperative Law, which employ laborers according to the regime of labor contracts; 6. Educational, medical, cultural and sports establishments set up under the Government's Decree No. 73/1999/ND-CP of August 19, 1999 on the policy of encouraging socialization of educational, medical, cultural and sports activities; 7. Cooperative teams, individual business households, households and individuals that hire laborers; 8. Vietnam-based international or foreign agencies and organizations which employ Vietnamese laborers, except otherwise provided for by the international treaties which the Socialist Republic of Vietnam has signed or acceded to. This Decree also applies to public servants and employees in the administrative and non-business agencies, persons holding the elected or appointed posts in political organizations, socio-political organizations and mass organizations, and members of the People's Army and Peoples Public Security forces, except otherwise prescribed for different subjects by separate legal documents.
Employer
An employer is an enterprise, body or organization, or an individual who is at least 18 years of age, recruiting, employing and paying wages to an employee.
Labour Code 1994 §6
Remarks: The employers listed as being covered by the working time provisions of the Labour Code (see §1 of Decree 195/1994 as amended) are as follows: 1. Enterprises set up and operating under the State Enterprise Law; 2. Enterprises set up and operating under the Enterprise Law; 3. Enterprises operating under the Law on Foreign Investment in Vietnam; 4. Enterprises of political organizations and socio-political organizations; 5. Cooperatives operating under the Cooperative Law, which employ laborers according to the regime of labor contracts; 6. Educational, medical, cultural and sports establishments set up under the Government's Decree No. 73/1999/ND-CP of August 19, 1999 on the policy of encouraging socialization of educational, medical, cultural and sports activities; 7. Cooperative teams, individual business households, households and individuals that hire laborers; 8. Vietnam-based international or foreign agencies and organizations which employ Vietnamese laborers, except otherwise provided for by the international treaties which the Socialist Republic of Vietnam has signed or acceded to. This Decree also applies to public servants and employees in the administrative and non-business agencies, persons holding the elected or appointed posts in political organizations, socio-political organizations and mass organizations, and members of the People's Army and Peoples Public Security forces, except otherwise prescribed for different subjects by separate legal documents.
Night work(er)
Nightshift hours are from as follows: - From Thua Thien-Hue northward: from 22:00 hours to 6:00 hours of the next day. - From Quang Nam-Danang southward: from 21:00 hours to 5:00 hours of the next day
Labour Code 1994 §70 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §6
Domestic worker
A person who has been employed for household chores is referred to in the Labour Code as a ’domestic servant’.
Labour Code 1994 §139
Young worker
Workers under the age of 18 years.
Labour Code 1994 §119(1)
NORMAL HOURS LIMITS
Daily hours limit
The normal daily hours limit is 8 hours, with a reduction for workers in hazardous work.
Labour Code 1994 §68
General limit
The daily hours limit in normal conditions is not to exceed 8 hours per day.
Labour Code 1994 §68(1)
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
6 or 7 hours for workers who perform extremely heavy, dangerous, or toxic works as listed by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health.
Exceptions
A number of exceptions to the daily hours limits exist, for which the daily hour limit is to be set by the relevant ministry or agreement between the parties, or reduced by a prescribed number hours, as follows: (1) the work time in especially heavy, hazardous and dangerous jobs is shortened by one to two hours, in accordance with the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Health; (2) the daily working times for seasonal and export production workers is set by Circular 14/1999; (3) the responsible ministries and branches directly shall prescribe the working time and rest time after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs for jobs of special nature such as land road, railway, waterway and airline transport; oil and gas prospection and exploitation on sea; art work; use of radiation and nuclear technologies, and high-frequency wave techniques; jobs of divers; jobs of pit-miners; and 24/24 hour jobs; (4) the working hours for workers working on a casual basis (incomplete days or weeks) and on basis of completed piece of work shall be determined by an agreement between the worker and the employer; and (5) men laborers over 60 years of age and women laborers over 55 years of age who continue to work are entitled to a reduction of 4 hours a day from the normal work day and still receiving full pay in the last year before their retirement.
Labour Code 1994 §§68(1), 80, 81, 123 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §§3(2), 12, 14 Circular No. 16/1997 - Guidance on the shortened working day for harzardous work §II(1) Circular No. 14/1999 - Work and Rest Time in Seasonal and Export Production
Special categories
» Young workers
7 hours (workers under 18 years of age).
Labour Code 1994 §119(1), 122(1)
» Domestic work
Working time must be agreed by the parties when negotiating the labour contract.
Labour Code 1994 §139(3)
» Disabled workers
7 hours.
Labour Code 1994 §125(4)
Weekly hours limit
The general weekly hours limit is 48 hours.
Labour Code 1994 §68
General limit
Working hours shall not exceed 48 hours per week.
Labour Code 1994 §68(1)
Historical data (year indicates year of data collection)
2009: 48 hours.
2007: 48 hours
1995: 48 hours.
Exceptions
For jobs of special nature such as land road, railway, waterway and airline transport; oil and gas prospection and exploitation on sea; art work; use of radiation and nuclear technologies, and high-frequency wave techniques; jobs of divers; jobs of pit-miners; production jobs of seasonal nature and exports processing on goods orders; and 24/24 hour jobs, the ministries and branches directly managing them shall specifically prescribe the working time and rest time after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.
Further, the working hours for workers working on a casual basis (incomplete days or weeks) and on basis of completed piece of work shall be determined by an agreement between the worker and the employer.
Finally, officials and public employees as well as laborers in the administrative and non-business agencies and units, political organizations and socio-political organizations are to apply a working regime of 40 hours within 5 days a week.
Labour Code 1994 §§80, 81 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §12 (as amended) Circular No. 14/1999 - Work and Rest Time in Seasonal and Export Production Decision No.188/1999 - Application of new working regime of 40 hours a week Circular No. 14/1999 - Guidance on reducing the weekly working hours applicable to State enterprises
Special categories
» Young workers
42 hours (workers under 18 years of age).
Labour Code 1994 §122(1)
» Domestic work
Working time must be agreed by the parties when negotiating the labour contract.
Labour Code 1994 §139(3)
» Disabled workers
42 hours
Labour Code 1994 §125(4)
OVERTIME WORK
Criteria for overtime
General
Overtime may be agreed to in the following cases: - Handling production incidents; - Settling urgent problems which cannot be delayed; - Handling in time fresh commodity items, construction projects and products which, due to strict technological requirements, cannot be left unfinished; - Settling problems which require laborers of high professional and technical qualifications while the labor market cannot supply them adequately and promptly.
Labour Code 1994 §69 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §5
Worker`s influence
Overtime hours are to be agreed upon by the employer and employee.
Labour Code 1994 §69
Limits on overtime hours
General limits
The overtime must not exceed 50% of the working hours provided for each type of work in each day. In cases where the working time is prescribed on the basis of working weeks, the total regular working time and overtime must not exceed 12 hours a day. The total overtime must not exceed 200 hours a year, except in prescribed circumstances.
Labour Code 1994 §69 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §5(1) and (3) (as amended by Decree No. 109/2002)
Historical data (year indicates year of data collection)
2009: 4 hours a day and 200 hours a year.
2007: 4 hours a day and 200 hours a year.
1995: 4 hours per day or 200 per year.
Restrictions/exceptions
Persons engaged in exceptionally heavy, harmful and hazardous work shall not be allowed to work overtime for more than 3 hours per day and for a total of not more than 9 hours per week.
In cases where serious consequences of natural disasters, fires and epidemics must be overcome within enterprises, agencies or organizations, the employers may mobilize laborers to work overtime beyond the prescribed overtime limit, but with the consents of the laborers.
Further, enterprises and production and/or business establishments which produce or process export goods (including textile, garment, leather, shoe and processed aquatic products) may require their workers to perform between 200 and 300 hours of overtime in a year if they must settle urgent work which cannot be delayed due to urgent requirements or to the seasonal nature of production, or which cannot be foreseen due to objective factors, and provided that the following stipulations are strictly complied with: - Agreement must be reached with laborers; - If laborers work 10 hours or more a day, the employers must arrange for them an additional rest time of at least 30 minutes in the working hours beside the regular rest time in the normal working shift; - During 7 consecutive days, the employers must arrange for laborers to have at least 24 consecutive hours of rest.
Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §5(3) (as amended by Decree No. 109/2002) Circular No. 16/1997 - Guidance on the shortened working day for harzardous work §II(3)
Compensation for overtime work
Overtime rate(s)
Overtime is to be paid at the following rates of pay: (1) on a normal working day - 150% increase; (2) on a weekly rest day - 200%; (3) on a public holiday or annual leave day - 300%.
Labour Code 1994 §61(1)
Historical data (year indicates year of data collection)
2009: 50 % increase (normal working day)
100% increase (weekly rest days)
200% increase (public holidays and annual leave days)
2007: 50 % increase (normal working day)
100% increase (weekly rest days)
200% increase (public holidays and annual leave days)
1995: 50% premium during working days. 100% on weekly rest days and public holidays.
Exceptions
Where an employee is allowed time off for the additional hours worked, the employer shall only be required to pay the difference between the overtime rate and the wage as calculated according to the wage unit price or wage of the current work of normal working days.
Labour Code 1994 §61(1)
Compensatory rest
Compensatory rest for overtime work is contemplated, but not required, by the Labour Code. Where provided, the employer is only liable to pay the worker the difference between the normal time rate and the overtime penalty rate for the overtime worked (i.e. 50%, 100 or 200% of the worker’s normal time rate).
Labour Code 1994 §61(1)
Notice of requirement to work overtime
General provisions
Enterprises must include provisions on overtime working in their internal labour rule and collective labour agreements suitable to their production and/or business activities and publicly post them up for labourers to know and implement.
Circular No. 15/2003 - Guidance on Overtime Provisions of Decree 109/2002 §III(1)
Special categories
Domestic work
Wages and working hours must be agreed between parties when negotiating the labour contract.
Labour Code 1994 §139(3)
Night work
Where an employee works overtime at night, he shall be paid, additionally to the overtime premium, an additional 30 per cent of the wage.
Labour Code 1994 §61(2)
Pregnant workers/recent birth
An employer must not allow a female employee who is seven months or more pregnant, or currently raising a child under twelve (12) months old, to work overtime.
Labour Code 1994 §115(1)
SCHEDULES
General
The employer has the right to set the work time during the workdays or workweeks and the rest day(s) during the week to suit the production and business of the enterprise, provided that they observe the requirements of the Labour Code and related Decrees.
Labour Code 1994 §68 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §§3, 4
Exceptions
The Labour Code requires the State to establish policies to encourage employers to create conditions for women to work on a regular basis and apply widely the regime of flexible working time, part-time and casual employment and working from home.
To this end, Decree 23/1996 provides that, proceeding from the character, working conditions and nature of work of the enterprises, the employers of women laborers shall take initiative to discuss with the trade union organizations the plan to assign women laborers to flexible time tables, shorter day, and shorter work week, and to assign their jobs that can be done at home so as to create conditions for women laborers to be employed on a regular basis, according to their legitimate aspiration.
Labour Code 1994 §109(1) Decree No. 23/1996 - Detailing and guiding regulations on women labourers §3
REST PERIODS
Rest breaks
Employees are entitled to one 30 minute rest period for each day that they work their maximum daily hours.
Labour Code 1994 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time
General provisions
An employee who works for eight hours consecutively shall be entitled to a break of at least half an hour. Employees who work for 7 hours or 6 hours of continuous work in condition of shortened worktime shall also be entitled to a 30 minute break.
Labour Code 1994 §71(1) Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §7 Circular No. 16/1997 - Guidance on the shortened working day for harzardous work §II(2)
Remarks: The rest break shall be included in the number of hours worked.
Historical data (year indicates year of data collection)
2009: 30 minutes where the work period is of at least 8 hours.
2007: 30 minutes where the work period is of at least 8 hours.
1995: 30 minutes to be included in 8 hours of consecutive work.
Exceptions
For jobs of special nature such as land road, railway, waterway and airline transport; oil and gas prospection and exploitation on sea; art work; use of radiation and nuclear technologies, and high-frequency wave techniques; jobs of divers; jobs of pit-miners; production jobs of seasonal nature and exports processing on goods orders; and 24/24 hour jobs, the ministries and branches directly managing them shall specifically prescribe the working time and rest time after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.
Further, the working hours and rest breaks for workers working on a casual basis (incomplete days or weeks) and on basis of completed piece of work shall be determined by an agreement between the worker and the employer.
Labour Code 1994 §§80, 81 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §12 (as amended)
Special categories
» Night work
An employee who works on nightshift is entitled to a minimum break of 45 minutes.
Labour Code 1994 §71(2)
» Domestic work
Rest breaks must be agreed by the parties when negotiating the labour contract.
Labour Code 1994 §139(3)
Daily rest periods
The only daily rest period provisions identified relate to shift workers and domestic workers.
Labour Code 1994
Special categories
Shift workers are entitled to daily rest periods and domestic workers are to have daily rest periods determined by contract.
Labour Code 1994
» Shift work
An employee who works in shifts shall be entitled to a break of at least twelve hours between each shift.
Labour Code 1994 §71(3)
» Domestic work
Daily rest periods must be agreed by the parties when negotiating the labour contract.
Labour Code 1994 §139(3)
Weekly rest periods
The Labour Code provides for a general entitlement to a weekly rest period of one day.
Labour Code 1994
Duration
The weekly rest period is to be one day.
Labour Code 1994
» General
In every week, each employee shall be entitled to a break of at least one day (24 consecutive hours).
Labour Code 1994 §72(1)
Historical data (year indicates year of data collection)
2009: At least 1 day (24 consecutive hours).
1995: 1 day.
» Exceptions
Where, due to the nature of the work, it is impossible for the employees to have a weekly day off, the employer must ensure that the employees on average have at least four days off in a month.
Labour Code 1994 §72(3)
Day specified
The daily rest period is to fall on Sunday or another day determined by the employer.
Labour Code 1994
» General
An employer may arrange for the weekly day off to fall on a Sunday or another specified day of the week.
Labour Code 1994 §72(2)
Work on weekly rest day
The Labour Code does not contemplate work on weekly rest days.
Special categories
Domestic workers are to be given a weekly rest period under contract.
Labour Code 1994
» Domestic workers
Weekly rest periods must be agreed by the parties when negotiating the labour contract.
Labour Code 1994 §139(3)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
An employee must have been employed in an enterprise or by an employer for 12 months to be entitled to fully paid annual leave.
Labour Code 1994 §§74, 77(2) Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §9
Remarks: See §9 of Decree 154/1994 for the periods of service which are to be counted for the purposes of calculating an employee's annual leave entitlement.
Article 77(2) of the Labour Code provides that an employee whose period of employment is less than 12 months shall be entitled to annual leave of a duration calculated in proportion to the period of employment and may receive payment in lieu. However, it is not clear whether this propotional leave entitlement is accessible in an employee's first 12 months of service.
Duration
The base entitlement is to 12 days, with additional entitlements for extended service, dangerous work and youth.
Labour Code 1994 §§74, 75
» General
Employees working in normal working conditions are entitled to 12 working days after every 12 months of employment. This entitlement increases by one additional day of leave for every five years of employment in an enterprise or with an employer.
An additional day of annual leave is also granted for each day spent travelling by car, train or boat, during the period of annual leave, in excess of 2 days.
Labour Code 1994 §§74(1)(a), 75 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §9(3)
Remarks: See §§9 and 11 of Decree 195/1994 for calculation of service for the purposes of annual leave entitlements, potential extension of leave for travel time and the method of calculating untaken leave entitlements on termination and for leave entitlement for periods of service of less than 12 months.
Historical data (year indicates year of data collection)
2009: 12 days
2007: 12 days
1995: 12 working days.
» Exceptions
Employees working in heavy, harmful or dangerous occupations or in places with harsh living conditions, and persons under the age of 18 years old, have an initial entitlement of 14 days’ annual leave.
Employees working in exceptionally heavy, harmful or dangerous work have an initial entitlement of 16 days’ annual leave.
The entitlement of the above categories of workers also increases by one additional day for: (a) every 5 years of employment; and / or (b) every day spent travelling by car, boat or train, during their annual leave, in excess of 2 days (return).
Labour Code 1994 §§74(1)(b), 74(1)(c), 75 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §9(2), (3)
Payment
Payment must be at least equivalent to the employee’s wages for the leave period and may be paid in advance.
Labour Code 1994 §77
» Amount
The employee is to be paid an amount equal to at least the wages for the leave days. Travel expenses and wages paid during travel shall be agreed by the parties.
Labour Code 1994 §77(1)
» Date of payment
When taking annual leave, an employee may be paid in advance.
Labour Code 1994 §77(1)
Schedule and splitting
An employer shall have the right to determine a timetable for the annual leave of employees, subject to consultation with the executive committee of the trade union of an enterprise and provided that everyone in the enterprise is notified in advance.
An employee may reach an agreement with the employer on taking annual leave in instalments.
Persons who work in distant and remote regions may, if they so request, combine two annual leaves together. Where three annual leaves are desired to be taken at one time, the approval of the employer must be obtained.
Labour Code 1994 §76
Work during annual leave
The Labour Code does not contemplate work during annual leave.
Special categories
» Young workers
Employees under the age of 18 years old are entitled to 14 days’ annual leave.
Labour Code 1994 §74(1)(b)
PUBLIC HOLIDAYS
Number and dates
An employee shall be entitled to take the following 8 days as public holidays: · Calendar New Year Holiday: one day (the first day of January of each calendar year); · Lunar New Year Holidays: four days (the final day of the old year and the first three days of the new Lunar year); · Victory Day: one day (the thirtieth day of April of each calendar year); · International Labour Day: one day (the first day of May of each calendar year); · National Day: one day (the second day of September of each calendar year).
In addition, foreign laborers who are working in enterprises and organizations of Vietnamese are allowed one day for their traditional new-year holiday and one day for their National Days (if any), all with full payment.
Labour Code 1994 §73 Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §8
Remarks: Where the public holidays referred to above coincide with a weekly day off, the employee shall be entitled to take the following day off also (§73 Labour Code).
Payment
The employee shall be entitled to take the day off on full pay.
Labour Code 1994 §73
Work on Public Holidays
The Labour Code does not contemplate work on public holidays.
EMERGENCY FAMILY LEAVE
An employee may take fully paid leave of absence for personal reasons in the following circumstances: 1. Marriage: for three days; 2. Marriage of his children: for one day; 3. Death of a parent (including a parent of his spouse), spouse, or child: for three days.
An employee may agree with the employer on leave of absence without pay.
Labour Code 1994 §§78, 79
PART-TIME WORK
General provisions
There is no provisions on part-time work of general application. However, the Labour Code contemplates part-time work by women and senior employees (over the age of 60 years for men and 55 years for women).
The Labour Code requires the State to establish policies to encourage employers to create conditions for women to work on a regular basis and apply widely the regime of flexible working time, part-time and casual employment and working from home. To this end, Decree 23/1996 provides that, proceeding from the character, working conditions and nature of work of the enterprises, the employers of women laborers shall take initiative to discuss with the trade union organizations the plan to assign women laborers to flexible time tables, shorter day, and shorter work week, and to assign their jobs that can be done at home so as to create conditions for women laborers to be employed on a regular basis, according to their legitimate aspiration.
Further, senior employees shall be entitled to reduce the number of working hours in a day or to request casual or part-time employment in accordance with the provisions of the Government during the final year prior to retirement.
Labour Code 1994 §§109(1), 123 Decree No. 23/1996 - Detailing and guiding regulations on women labourers §3 Circular No. 3/1997 - Guidance on Decree No. 23/1996 with specific stipulations about women labour Section II Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §14
NIGHT WORK
Rest breaks
An employee who works on nightshift is entitled to a minimum break of 45 minutes.
Labour Code 1994 §71(2)
Compensation
An employee who works at night shall be paid an additional amount of at least 30% of the wage calculated according to the wage unit price or day shift wage of the current work.
Labour Code 1994 §61(2)
Special categories
Pregnant workers/recent birth
An employer must not allow a female employee who is seven months or more pregnant, or currently raising a child under twelve (12) months old, to work at night.
Labour Code 1994 §115(1)
SHIFT WORK
Daily rest period
An employee who works in shifts shall be entitled to a break of at least twelve hours between each shift.
Labour Code 1994 §71(3)
CASUAL WORK
General provisions
The working time arrangements of casual employees are to be set by agreement between the parties. Further, the Labour Code seeks to facilitate the casual employment of women and senior employees. Specifically, the Labour Code requires the State to establish policies to encourage employers to create conditions for women to work on a regular basis and apply widely the regime of flexible working time, part-time and casual employment and working from home, and provides senior employees (over the age of 60 years for men and 55 years for women) to request casual employment in accordance with the provisions of the Government during the final year prior to retirement.
Labour Code 1994 §§109(1), 123 Decree No. 23/1996 - Detailing and guiding regulations on women labourers §3 Circular No. 3/1997 - Guidance on Decree No. 23/1996 with specific stipulations about women labour Section II Decrees No. 195/1994 and 109/2002 - Detailed provisions and guidance on Work and Rest Time §14
Normal hours limit
The hours limit for workers working on a casual basis (incomplete days or weeks) is fixed by agreement between the parties.
Labour Code 1994 §81
Rest periods
The rest breaks for workers working on a casual basis are fixed by agreement between the parties.
Labour Code 1994 §81
SHORT-TIME WORK/WORK-SHARING
General provisions
No relevant provisions identified.
RIGHT TO CHANGE WORKING HOURS
Reasons for request
Older workers
During the final year prior to retirement, senior employees are entitled to reduce the number of working hours in a day or to request casual or part-time employment.
Labour Code 1994 §123
INFORMATION & CONSULTATION
Information
An employer shall have the right to determine the working hours on a daily or a weekly basis provided that the employees are notified in advance.
Additionally, articles 28 and 29(1) of the Labour Code require that labour contracts be made in writing, provided to the employee and contain the employee’s working hours and rest breaks. However, these requirements do not apply to short term contracts (less than 3 months) or domestic servants.
Enterprises which employ 10 or more employees must have internal labour regulations in writing and the internal labour regulations must set out the working hours and rest breaks to be observed at the enterprise. The internal labour regulations must be notified to each employee and the main rules must be posted at necessary locations within the enterprise.
Labour Code 1994 §§28, 29, 68(1), 82, 83
Consultation
Prior to proclaiming the internal labour regulations, the employer must consult the executive committee of the trade union of the enterprise. The internal labour regulations must set out the working hours and rest breaks to be observed at the enterprise.
Labour Code 1994 §§82, 83
Remarks: Only enterprises which employ 10 or more employees must have internal labour regulations in writing (§82(1) Labour Code).
Results generated on: 24th April 2024 at 04:27:41.
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