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THE MINISTRY OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
14/1999/TT-BLDTBXH
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Hanoi, May 18, 1999
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE REGIME ON WORKING
TIME AND REST TIME FOR LABORERS DOING SEASONAL JOBS AND PROCESSING EXPORT GOODS
ON ORDERS
In furtherance of the Government’s Decree No. 10/1999/ND-CP of March 1st, 1999 on
the supplements to the Government’s
Decree No. 195/CP of December 31, 1994 "detailing and guiding the
implementation of a number of Articles of the Labor Code on working time and
rest time", the Ministry of Labor, War Invalids and Social Affairs hereby
stipulates and guides the implementation of the regime on working time and rest
time of laborers who do jobs of seasonal nature and process export goods on
order as follows:
I.
OBJECTS AND SCOPE OF APPLICATION
1. The scope of application shall cover the
following enterprises as well as production and business establishments:
- State enterprises;
- Foreign-invested enterprises, enterprises in
export-processing zones, industrial parks and hi-tech parks;
- Enterprises of other economic sectors as well
as labor-employing organizations and individuals.
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- Jobs of seasonal nature, such as harvesting or
processing agricultural-forestry-fishery products, which require the immediate
harvesting or post-harvest processing;
- Jobs of export goods processing on goods
orders, which usually depend on the time of goods ordering.
II.
WORKING TIME AND REST TIME
1. The working time of the above-said objects is
stipulated as follows:
1.1. To determine the standard number of working
hours per day as follows:
a/ Calculation of the fund of standard working
hours in a year:
TQ= [
365 - (Tt + TP + TL) ] x tn (hours)
+ TQ: Fund of standard working hours
of the laborer in a year;
+ Tt: Total of rest days per week, to
be determined according to Article 72 of the Labor Code;
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+ TL: Number of holidays: 8 days;
+ tn: Number of working hours per
day: 8 hours; or 6 hours for laborers performing specially heavy, hazardous or
dangerous occupations and jobs.
Example 1: Company A has a fund of standard
working hours in 1999 as follows:
The number of days calculated according to the
calendar year:
365
The total number of rest days per week:
Tt = 52
The number of rest days per year:
TP = 15
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TL = 8
The average number of working hours per day:
tn = 8 hours
TQ= [ 365 - (52 +
15 + 8) ] x 8 = 2,320 hours
b/ Determination of the standard number of
working hours per day:
On the basis of the fund of standard working
hours per year (TQ) already calculated above, the employer shall determine the
standard number of working hours of laborers per day in the following cases:
b.1. A normal working day: 8 hours; or 6 hours
for laborers performing specially hard, hazardous or dangerous occupations and
jobs;
b.2. A working day with more than 8 hours but less
than 12 hours; or with more than 6 hours but less than 9 hours for laborers
performing specially hard, hazardous or dangerous occupations and jobs. The
number of working hours exceeding 8 hours/day (or 6 hours/day for laborers
performing specially hard, hazardous or dangerous occupations and jobs) shall
not be considered the overtime;
b.3. A working day with less than 8 hours but
not less than 4 hours. In this case, the employer shall not have to pay the
laborers for work stoppage arising from the difference of working hours of such
a day, compared with a normal day. The arrangement of laborers to work for less
than 4 hours per day is not allowed;
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- The total number of working hours mentioned in
this Point b (including the hours calculated as paid working hours according to
the current provisions of the Labor Code) shall not exceed the fund of standard
working hours of the year. For each specific laborer, the employer shall have
to arrange his/her paid personal leaves, breast-feeding and other rest time
regime which he/she is entitled to under the current provisions of the Labor
Code.
If during the already determined standard
working hours per day the employer fails to arrange work for the laborers,
he/she shall still have to pay the latter for work stoppage.
Example 2: Determination of the standard number
of working hours per day of Company A:
Month
Standard number of working hours per day
Number of working days per month
Total of working hours
Notes
1
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25
200
1 Solar New Year holiday
2
8
20
160
4 Lunar New Year holidays
3
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27
216
4
12 hours from Monday to Friday 25 268 of the second
week
25
268
Victory Anniversary Holiday
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8 hours for Saturday of every week
5
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25
221
May Day
8 hours for Saturday
6
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15
120
11 annual holidays
7
7
23
161
4 annual holidays
8
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17
119
Full 9 holidays
9
6
25
150
National Day
10
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8 hours for Saturday
26
271
11
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26
218
8 hours for other working days in the month
12
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27
216
Total
2,320
1.2. The overtime
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b/ The total of standard working hours and
overtime per day must not exceed 12 hours or 9 hours for laborers performing
specially heavy, hazardous or dangerous occupations and jobs.
Example 3: Taking Example 2 above, if due to
urgent demand, in April Company A has to organize overtime work for its
laborers, such may be arranged as follows:
- From Monday to Friday of the second week, the
overtime work is not allowed;
- From Monday to Friday of other weeks, the
overtime may be 1 hour at most;
- For Saturday of every week, the overtime may
be 4 hours at most.
c/ The total of overtime per year must not
exceed 200 hours/person.
2. The rest time:
2.1. The standard number of working hours per
day that exceeds 8 hours shall be counted for compensational rest time or
reduction of working hours during the off-season days or when export goods
processing orders are not available;
2.2. During the harvest months or the months
when the export goods processing is speeded up to fulfil the goods orders, if
the weekly leave regime cannot be arranged, the employer shall have to ensure
that the laborers may take at least 4 rest days a month;
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2.4. The employer shall make arrangement so that
the laborers may take leave or compensational rest time on or for their
holidays and New Year days; and organize the annual leave, leave for personal
affairs and other holidays for laborers according to the current provisions of
the Labor Code.
III.
ORGANIZATION OF IMPLEMENTATION
1. The employer shall have:
- On the basis of this Circular, to reach
agreement with the establishment�s
trade union executive committee on the yearly plan on working time and rest
time and include them in the collective labor agreements and labor contracts.
The working timetable of each month must be publicized and posted up at the
concerned workshops and production teams/groups; where the enterprise has not
yet set up a trade union organization, the yearly plan on working time and rest
time must be approved by the conference of officials and public employees of
the concerned enterprise or production and business establishment;
- To reach agreement with the laborers on the
mode of wage payment on the seasonal or monthly basis.
- Annually, enterprises having work demands as
stipulated in this Circular shall have to register with the
provincial/municipal Labor, War Invalids and Social Affairs Services according
to the set form. The provincial/municipal Labor, War Invalids and Social
Affairs Services may authorize the Management Boards of industrial parks of the
provinces and centrally-run cities to receive the registration forms on working
time and rest time of enterprises in industrial parks, export-processing zones
and hi-tech parks, make a sum up thereof and send it to the
provincial/municipal Labor, War Invalids and Social Affairs Services.
2. The provincial/municipal Labor, War
Invalids and Social Affairs Services shall have to provide guidance on the
implementation of this Circular to each unit and enterprise in their respective
localities; make registration of such enterprises and organize the inspection
and examination of the implementation of their registered plans.
3. This Circular takes effect 15 days
after its signing. Any problem arising in the course of implementation should
be reported to the Ministry of Labor, War Invalids and Social Affairs for
settlement.
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THE MINISTRY OF LABOR,
WAR INVALIDS AND SOCIAL AFFAIRS
Nguyen Thi Hang