DECREE NO. 195/CP PROVIDES DETAILED PROVISIONS AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LABOR CODE ON WORKING HOURS AND REST PERIODS

DECREE

Detailed regulations and guidance on implementation of certain provisions of the Labor Code concerning working hours and rest time

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Based on the Labor Code dated June 23, 1994;
At the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

Chapter I:
OBJECTS AND SCOPE OF APPLICATION

Article 1.- Working hours and rest time shall be applied to workers employed in the following enterprises, agencies, and organizations:

- State-owned enterprises;

- Enterprises belonging to other economic sectors, organizations, and individuals who hire labor;

- Foreign-invested enterprises, enterprises in export processing zones, industrial parks; foreign agencies, organizations, or international organizations in Vietnam that hire Vietnamese workers, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise;

- Public service units, commercial, and service units under administrative agencies, public service agencies, people's mass organizations, political and social organizations, the People's Army, and the People's Public Security Forces;

- This Decree also applies to civil servants, employees in administrative and public service agencies, persons holding positions elected, appointed, or nominated in people's mass organizations, political and social organizations, members of the People's Army, and the People's Public Security Forces, except where specific laws for each category provide otherwise.

Article 2.- This Decree does not apply to workers in special enterprises under the People's Army and the People's Public Security Forces, officers, non-commissioned officers, and soldiers in the People's Army and the People's Public Security Forces.

Chapter II:
WORKING HOURS

Article 3.- Working hours as stipulated in Article 68 of the Labor Code are defined as follows:

1- Working hours under normal working conditions and environments are:

- Not exceeding eight hours in a day;

- Not exceeding 48 hours in a week.

2. Working hours under particularly arduous, toxic, or dangerous working conditions may be reduced by one to two hours according to the list issued by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health.

3- The following hours are included in working hours with remuneration:

- Break times between work shifts;

- Short breaks during work based on the nature of the job;

- Necessary rest times during work already included in the labor quota for natural human needs;

- A daily break of 60 minutes for female workers nursing children under 12 months old;

- A daily break of 30 minutes for female workers during menstruation;

- Time off work not due to the worker's fault;

- Time spent on training and education related to occupational safety and health;

- Meeting and study times required by the employer or permitted by the employer.

Article 4.- Based on Article 68 of the Labor Code, employers have the right to define working hours per day or per week and weekly rest days in accordance with the production and business conditions of the enterprise but must not contravene the provisions of Clause 1 and Clause 2, Article 3 of this Decree and must be reflected in the labor contract, collective labor agreement, and internal labor regulations of the enterprise.

Article 5.- Overtime working hours as stipulated in Article 69 of the Labor Code are defined as follows:

1- Overtime working hours shall not exceed 50% of the working hours prescribed for each day for different types of work. In cases where working hours are prescribed on a weekly basis, the total of regular working hours and overtime working hours in a day shall not exceed 12 hours. The total number of overtime working hours in a year shall not exceed 200 hours.

2- Employers and workers may agree on overtime work in the following situations:

- Handling emergencies in production;

- Dealing with urgent tasks that cannot be delayed;

- Promptly handling fresh products, construction projects, and products due to strict technological requirements that cannot be interrupted.

3- In cases where it is necessary to respond to or mitigate serious consequences caused by natural disasters, enemy actions, fires, or widespread epidemics, employers have the right to mobilize workers for overtime beyond the provisions of Clause 1 of this Article but must obtain the consent of the workers.

Article 6.- Night working hours as stipulated in Article 70 of the Labor Code are defined as follows:

- From Thua Thien-Hue northward, from 10 PM to 6 AM.

- From Quang Nam-Da Nang southward, from 9 PM to 5 AM.

Chapter III:
WORKING REST PERIODS

Article 7.- Rest periods as stipulated in Article 71 of the Labor Code are defined as follows:

- 30 minutes if working continuously for 8 hours under normal conditions; or 7 hours, 6 hours continuously in cases where working hours are shortened.

- 45 minutes if working continuously at night from 10 PM to 6 AM or from 9 PM to 5 AM.

Article 8.- In addition to paid holidays under Article 73 of the Labor Code, foreign workers employed in Vietnamese enterprises and organizations are entitled to additional traditional national holiday and National Day of their country (if applicable) and shall receive full pay.

Article 9.-

1- According to Article 74 of the Labor Code, the following periods shall be considered as working time of a worker at an enterprise or with an employer for calculating annual leave:

- Time spent learning or practicing a trade to work at the enterprise within the agreed period in the vocational training or practice contract;

- Probationary period under the labor contract to work at the enterprise;

- Time off for personal matters;

- Time off without pay if approved by the employer;

- Time off due to workplace accidents or occupational diseases, but not exceeding six months cumulatively;

- Time off due to illness, but not exceeding three months cumulatively;

- Time off according to the regulations for female workers;

- Time off to perform civic duties as prescribed by law;

- Time off to engage in trade union activities as prescribed by law;

- Meeting and study times required by the employer or permitted by the employer;

- Time off when work is stopped due to reasons not attributable to the worker;

- Time off due to temporary suspension of work;

- Time off due to temporary detention or arrest but returned to work after being exonerated or acquitted.

2. Workers are entitled to an annual leave of either 14 days or 16 days as specified in Points b and c, Clause 1, Article 34 of the Labor Code, for jobs classified as arduous, hazardous, dangerous, or located in harsh living conditions, as determined by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health.

3. When taking annual leave, if traveling by automobile, ship, or train, and the travel duration (including both departure and return) exceeds two days, then from the third day onwards, additional travel time will be counted towards the annual leave period.

4. The cost of transportation and wages during travel days shall be agreed upon between the employer and the worker; for workers employed in remote areas (highland regions, deep rural areas, islands) when taking annual leave, the employer shall cover the costs of transportation and wages for the travel days.

Article 10.- Workers shall be paid for the days of annual leave that have not been taken or for the remaining days of annual leave according to Clause 3, Article 76 of the Labor Code in the following cases:

1. Suspension of the labor contract to fulfill military service obligations;

2. Expiration of the labor contract; unilateral termination of the labor contract; loss of employment due to technological restructuring; dismissal; retirement; death.

Article 11.- The calculation of annual leave under Clause 3, Article 76 and Clause 2, Article 77 of the Labor Code is as follows:

Add the number of annual leave days to any additional leave days earned based on seniority (if applicable), divide by twelve months (rounding down to the nearest whole number), and multiply by the actual number of working months in the year to determine the total number of annual leave days with pay.

Chapter IV:
WORKING HOURS AND REST PERIODS FOR EMPLOYEES ENGAGED IN SPECIAL OCCUPATIONS

Article 12.- The working hours and rest periods for employees engaged in special occupations as stipulated in Article 80 of the Labor Code are regulated as follows:

For special occupations such as road transport, rail transport, waterway transport; drivers, flight attendants, air traffic controllers; offshore oil exploration and extraction; artistic fields, radiation and nuclear technology applications, high-frequency wave technology applications, divers; underground miners, the relevant ministries directly managing these sectors shall specify the working hours and rest periods after consultation with the Ministry of Labor, Invalids and Social Affairs.

Article 13.- Female workers shall not be assigned to heavy, dangerous work or work involving toxic substances that adversely affect their reproductive functions and child-rearing abilities as provided in Clause 1, Article 113 of the Labor Code. In cases where they are currently engaged in such work and cannot be reassigned immediately, female workers shall have their daily working hours reduced by at least two hours compared to the prescribed working hours while still receiving full pay.

Article 14.- Male workers over 60 years old and female workers over 55 years old who continue to work shall have their daily working hours reduced by four hours in their final year before retirement while still receiving full pay.

Chapter V:
IMPLEMENTING PROVISIONS

Article 15.- This Decree takes effect from January 1, 1995. Previous regulations concerning working hours and rest periods that conflict with this Decree are hereby abolished.

Article 16.- The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.