Circular No. 1/BYT-TT guides the organization and implementation of night shift and overtime allowances for workers and officials in the Health sector. The document specifies conditions, calculation principles, and applicable subjects for cases where it is necessary to work beyond regular hours.
适用范围
Workers and officials in the health sector
要点
- Medical staff directly involved in diagnosis, treatment, emergency care, and disease control are entitled to night shift and overtime allowances (Article II).
- The organization of night shifts and overtime must be decided by the head of the agency or unit after reaching consensus with the representative of the trade union at the same level (Section I).
- Technical and administrative staff who need to work night shifts or overtime are primarily scheduled for compensatory leave; only in special cases where compensatory leave cannot be arranged will they receive overtime allowances (Article II).
- Principles and methods for calculating night shift and overtime allowances are applied as specified in Section IV of Circular No. 22-LT/TL dated November 20, 1985, issued by the Ministry of Labor (Section III).
- Medical staff on regular duty do not receive these night shift and overtime allowances (Article II).
🌐 本文件的社会影响
- Enhance the capacity to meet urgent needs in the Health sector.
- Reduce the burden on medical staff when working beyond regular hours.
- It may cause financial difficulties for healthcare units due to increased allowance costs.
❓ 常见问题
Who is eligible for night shift and overtime allowances?
Medical staff directly involved in diagnosis, treatment, emergency care, and disease control (Article II).
Who decides on the organization of night shifts and overtime?
The head of the agency or unit decides after reaching consensus with the representative of the trade union at the same level (Section I).
How are technical and administrative staff entitled to overtime allowances?
Primarily scheduled for compensatory leave; only in special cases where compensatory leave cannot be arranged will they receive overtime allowances (Article II).
What are the principles and methods for calculating night shift and overtime allowances?
Applied as specified in Section IV of Circular No. 22-LT/TL dated November 20, 1985, issued by the Ministry of Labor (Section III).
Are those on regular duty entitled to these allowances?
No, medical staff on regular duty do not receive these night shift and overtime allowances (Article II).
全文
CIRCULAR
Guidelines for organizing and implementing night shift allowances and overtime allowances for workers and civil servants in the healthcare sector
Night shift and overtime allowance regulations for workers and civil servants in the healthcare sector
Implement Circular No. 22-LD/TL dated November 20, 1985, issued by the Ministry of Labor guiding the implementation of night shift and overtime allowances for workers and civil servants. Section III of this circular states: "workers and civil servants in the health, education, culture, and arts sectors shall have separate provisions." Following the agreement of the Ministry of Labor (as per Circular No. 1691-LDCN5 dated December 28, 1986), the Ministry of Health has established the organization and implementation of night shift and overtime allowances for workers and civil servants in the healthcare sector as follows:
I. ORGANIZATION OF NIGHT WORK AND OVERTIME
Organizing night work and overtime involves unexpected urgent tasks outside the planned schedule such as:
1. Conducting military service recruitment examinations, labor recruitment based on sudden requirements, health check-ups, and disability assessments beyond the general working hours;
2. Emergency medical services for war casualties, patient rescues during enemy attacks, natural disasters, and epidemics requiring immediate reinforcement of rescue forces;
3. Epidemic control measures and prompt resolution of outbreaks. Conducting consultations and determining treatment plans for critical cases.
The organization of night work and overtime as described above must be decided by the head of the agency or unit after reaching consensus with the representative of the trade union at the same level.
II. ELIGIBILITY FOR NIGHT SHIFT AND OVERTIME ALLOWANCES
Medical staff directly involved in patient examinations, treatments, emergency rescues, and implementing specialized measures to control outbreaks as specified above.
For technical, administrative, and other specialized staff, and administrative management personnel who need to work night shifts or overtime due to genuine necessity, compensatory leave should primarily be provided. In exceptional cases where compensatory leave cannot be arranged, overtime allowances may be granted, but only upon decision by the head of the agency or unit.
Healthcare staff on regular standby duty at hospitals, rehabilitation centers, etc., will receive standby allowances and not be eligible for these allowances.
III. PRINCIPLES AND CALCULATION OF NIGHT SHIFT AND OVERTIME ALLOWANCES
These principles are applied as stipulated and guided in Section IV of Circular No. 22-LT/TL dated November 20, 1985, issued by the Ministry of Labor.
IV. IMPLEMENTATION PROVISIONS
This Circular takes effect from the date of issuance. Any previous regulations concerning night shift and overtime allowances for healthcare workers that conflict with this Circular are hereby abolished.
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Dang Hoi Xuan (Signed) |
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