Circular No. 04/2021/TT-BCT stipulates working hours and rest periods for workers engaged in underground mine work.

CIRCULAR

Regulations on working hours and rest periods for workers engaged in underground mining operations

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Pursuant to Article 116 of the Labor Code No. 45/2019/QH14 adopted by the National Assembly on November 20, 2019;

Pursuant to Article 68 of the Government Decree No. Decree No. 145/2020/NĐ-CP December 14, 2020 detailing and guiding the implementation of certain provisions of the Labor Code concerning labor conditions and labor relations;

Pursuant to Decree No.98/2017/NĐ-CPdated August 18, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Cadre and Civil Servant Department after consultation with the Ministry of Labor, Invalids and Social Affairs;

The Minister of Industry and Trade promulgates this Circular regulating working hours and rest periods for workers engaged in underground mining operations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates working hours and rest periods for workers engaged in underground mining operations.

Article 2. Applicability

1. Scope of application:

a. Employers are organizations or individuals who hire or utilize workers in coal and mineral extraction activities using underground methods.

b. Workers performing tasks in underground mines at underground mining projects.

2. This Circular does not apply to workers employed at underground mines but not engaged in underground mining operations.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. A shift for workers in underground mines is the period from when they start their assigned tasks at the shift change house until they return to the surface industrial yard after completing their work, including: time spent receiving assignments, travel time from the shift change house to the production site and back to the surface industrial yard (including the time workers spend traveling from the mine entrance to their assigned production site within the mine and vice versa), and working time at the production site within the mine.

2. Working time at the production site within the mine is the period during which workers directly perform their assigned tasks at the production site within the mine until the completion of their work at that location, including break times within the working period.

Underground mining operations include all tasks serving the purpose of underground mining from the mine entrance to the production site within the mine and vice versa.

Chapter II

WORKING HOURS AND REST PERIODS FOR WORKERS IN UNDERGROUND MINES

Article 4. Working Hours

1. The working shift for workers in underground mines shall not exceed 9.5 hours in one day.

2. Working time at the production site within the mine shall not exceed 7 hours in one day and 42 hours in one week.

Article 5. Overtime

1. Overtime working time is the period of work outside the working shift specified in Clause 1 of Article 4 of this Circular.

2. Ensure that the total working hours of a shift and overtime hours do not exceed 12 hours in one day; overtime hours shall not exceed 300 hours in one year.

3. Organizing overtime work must be agreed upon by the worker and comply with the provisions of Articles 59 and 62 of the Government Decree No. 145/2020/NĐ-CP.

4. Organizing overtime work in special cases must comply with the provisions of Article 108 of the Labor Code.

Article 6. Rest During Work Hours

Rest periods during working hours shall comply with the provisions of Article 109 of the Labor Code.

Article 7. Shift change rest; Weekly rest; Public holiday rest; Annual leave; Personal leave, unpaid leave

Shall comply with the provisions of Articles 110, 111, 112, 113, and 115 of the Labor Code.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Responsibilities of Employers

1. Specify in the labor regulations and notify workers of the specific working shifts, working hours, and rest periods for underground mining operations in accordance with the law.

2. Annually report to the Ministry of Industry and Trade before January 15 each year and submit special reports when required by competent authorities regarding the implementation of the provisions of this Circular.

Article 9. Effective Date

1. This Circular takes effect from September 1, 2021.

2. The Cadre and Civil Servant Department shall be responsible for supervising and inspecting the implementation of the provisions of this Circular.

3. During the implementation process, if there are any difficulties, organizations and individuals should reflect them to the Ministry of Industry and Trade for consideration and resolution within their authority./.

                                                                                                                                   Nguyen Hong Dien