Circular No. 16/LDTBXH-TT guides on the shortened daily working hours for those engaged in particularly arduous, hazardous, and dangerous work.

CIRCULAR

Guidelines on shortened daily working hours

for those engaged in particularly arduous, hazardous, and dangerous work

Pursuant to Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain Articles of the Labor Code regarding working hours and rest periods; Clause 2, Article 68 of the Labor Code; the Ministry of Labor - War Invalids and Social Affairs provides guidelines on shortened daily working hours for those engaged in particularly arduous, hazardous, and dangerous work as follows:

I. OBJECTS AND SCOPE OF APPLICATION

Shortened daily working hours shall be applied to those engaged in particularly arduous, hazardous, and dangerous work in enterprises, agencies, and organizations as follows:

Enterprises and production and business establishments, services belonging to other economic sectors;

Enterprises belonging to other economic sectors;

Organizations and individuals using labor to conduct production and business activities;

Enterprises with foreign direct investment, enterprises in export processing zones, and industrial parks;

Foreign agencies and international organizations in Vietnam that employ Vietnamese workers;

Units of public services, production, business, and service provision under administrative agencies, public services, political and social organizations, and people's mass organizations;

Administrative agencies and public services;

Agencies and organizations of political and social nature, and people's mass organizations.

Specifically, those engaged in particularly arduous, hazardous, and dangerous work in special enterprises, officers, non-commissioned officers, and soldiers in the People's Army and Public Security Forces, and those engaged in work with special characteristics as stipulated in Article 80 of the Labor Code and Article 12 of Decree No. 195/CP dated December 31, 1994 of the Government shall implement according to specific regulations.

II. SHORTENED DAILY WORKING HOURS

1. Daily working hours shall be shortened by two (2) hours for those engaged in particularly arduous, hazardous, and dangerous work listed in the occupational and job categories of particularly arduous, hazardous, and dangerous work issued together with the Decision of the Minister of Labor - War Invalids and Social Affairs.

2. Each day, during six consecutive hours of particularly arduous, hazardous, and dangerous work, workers must have at least thirty (30) minutes of rest if working during the daytime, and at least forty-five (45) minutes of rest if working at night.

3. Within one hour of work for particularly arduous, hazardous, and dangerous work, workers may not work more than three (3) additional hours; in a week, the total additional working hours may not exceed nine (9) hours.

4. Workers whose working hours are shortened shall be paid full wages, allowances (if applicable), and other benefits as prescribed by the Labor Code and related implementing documents.

III. IMPLEMENTATION

1. Employers in enterprises, organizations, and agencies specified in Point I, Section I of this Circular shall be responsible for:

a. Implementing shortened working hours as prescribed for those engaged in particularly arduous, hazardous, and dangerous work listed in the occupational and job categories of particularly arduous, hazardous, and dangerous work issued with Decisions No. 1453/LDTBXH-QĐ dated October 13, 1995, No. 915/LBTDXH-QĐ dated July 31, 1996, and No. 1629/LDTBXH-QĐ dated December 26, 1996, and subsequent decisions of the Minister of Labor - War Invalids and Social Affairs promulgating such categories after this Circular takes effect.

b. Recording in employment contracts and collective labor agreements; specifying working hour schedules and rest periods in enterprise labor regulations concerning shortened daily working hours and other benefits for those engaged in particularly arduous, hazardous, and dangerous work.

2. Ministries, sectors, Provincial People's Committees, and Municipal People's Committees directly under the Central Government shall be responsible for directing competent agencies within their ministries and localities, inspecting, and supervising enterprises to comply with this Circular.

This Circular takes effect fifteen days from the date of issuance.

During implementation, if there are difficulties, please report them to the Ministry of Labor - War Invalids and Social Affairs for resolution./.