Circular No. 21/2015/TT-BGTVT on working hours and rest periods for workers engaged in special jobs in railway transport

CIRCULAR

Regulations on working hours and rest periods for workers engaged in special nature jobs in railway transport

thực hiện các công việc có tính chất đặc biệt trong vận tải đường sắtorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

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 Based on the Labor Code dated June 18, 2012;

Pursuant to Decree No. 45/2013/NĐ-CP dated May 10, 2013 of the Government detailing certain provisions of the Labor Code on working hours, rest periods, and labor safety and hygiene;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Cadre Organization Department and the Director of the Vietnam Railway Administration;

The Minister of Transport hereby promulgates this Circular regulating working hours and rest periods for workers engaged in special nature jobs in railway transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates working hours and rest periods for workers engaged in special nature jobs in national railway transport; for dedicated railways and urban railways, it shall be applied based on actual production and business conditions to suitably implement the provisions of this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals related to special nature jobs in railway transport.

Article 3. Explanation of Terms

1. Shift work system means a system where workers take turns continuously working both day and night shifts (24 hours non-stop throughout the year) to fulfill the requirements of railway transport operations and ensure that workers have sufficient rest time as prescribed by labor laws.

2. On-shift time refers to the length of time specified for workers to be present at their workplace in a day (24 hours) to perform assigned tasks, including preparation time, operational time, on-site standby rest time, and completion time as stipulated by railway transport technology.

3. Off-shift time refers to the length of time specified for rest after completing a shift before starting the next shift.

4. Working on train system means a system where workers take turns continuously working on trains to ensure train operation schedules and provide workers with sufficient rest time as prescribed by labor laws.

5. Train running schedule is the time from departure station to turnaround station according to the train timetable and includes necessary operational time at the departure station and turnaround station as stipulated by railway transport technology.

6. Necessary working hours within a day (24 continuous hours) refer to the hours determined based on workload, labor standards, including preparation and completion times, excluding on-site standby rest time during on-shift time.

Chapter II

REGULATIONS ON WORKING HOURS AND REST PERIODS

Article 4. Working hours and rest periods for railway employees working on shift systems

1. Positions of railway employees working on shift systems

a) Train dispatchers at Railway Traffic Control Centers in various regions;

b) Managers, controllers, service staff, and personnel working at shift change points, handover points, or locomotive and carriage operation points;

c) Managers, controllers, service staff, and personnel working at stations and stops serving train operations and passenger or cargo transportation;

d) Patrol, guard, and infrastructure protection staff (tracks, bridges, tunnels, level crossings, shared crossings, stations);

đ) Communication, signaling, and power staff on duty at stations, stops, level crossings, and power supply lines, central offices.

2. Working hours and rest periods

a) Positions performing particularly heavy, hazardous, dangerous, continuous day-and-night work, with actual necessary working hours in a day being 24 hours: On-shift time not exceeding 06 hours, off-shift time at least 12 hours, maximum number of shifts in a month is 26 shifts or on-shift time not exceeding 12 hours, off-shift time at least 24 hours, maximum number of shifts in a month is 13 shifts;

b) Positions working in places with high workload, continuous day-and-night operations with actual necessary working hours in a day being 24 hours (excluding shift handover time): On-shift time not exceeding 08 hours, off-shift time at least 16 hours, maximum number of shifts in a month is 22.5 shifts; or on-shift time not exceeding 12 hours, off-shift time at least 24 hours, maximum number of shifts in a month is 15 shifts;

c) Positions working in places with high workload, continuous day-and-night operations with actual necessary working hours in a day being 24 hours: On-shift time not exceeding 8 hours, off-shift time at least 16 hours, maximum number of shifts in a month is 26 shifts; or on-shift time not exceeding 12 hours, off-shift time at least 24 hours, maximum number of shifts in a month is 17 shifts;

d) Positions working in places with relatively high workload but not continuous, with actual necessary working hours in a day not exceeding 16 hours: On-shift time not exceeding 12 hours, off-shift time at least 12 hours, maximum number of shifts in a month is 21 shifts; or employers may arrange for workers to work two consecutive shifts before taking off-shift rest (on-shift time not exceeding 24 hours, off-shift time at least 24 hours, maximum number of shifts in a month is 10.5 shifts);

đ) Positions working in places with low workload, not continuous, with actual necessary working hours in a day not exceeding 12 hours: On-shift time not exceeding 12 hours, off-shift time at least 12 hours, maximum number of shifts in a month is 26 shifts; or employers may arrange for workers to work two consecutive shifts before taking off-shift rest (on-shift time not exceeding 24 hours, off-shift time at least 24 hours, maximum number of shifts in a month is 13 shifts);

e) Positions working at places with low workload, not continuous, and the actual necessary working hours in a day not exceeding eight hours: The on-duty time shall not exceed sixteen hours, off-duty time shall be at least eight hours, the maximum number of shifts in a month is twenty-six shifts; or the employer may arrange for employees to work three consecutive shifts before taking a break (on-duty time shall not exceed forty-eight hours, off-duty time shall be at least twenty-four hours, the maximum number of shifts in a month is eight shifts - In this case, it must have the consent of the employee).

Article 5. Working hours and rest periods for railway staff working on trains

1. Positions of railway staff working on trains

a) Train drivers, assistant train drivers;

b) Train conductors;

c) Railway staff directly working on passenger trains or freight trains.

2. Working hours and rest periods

a) Positions specified in point a, Clause 1 of this Article: Working hours shall not exceed nine hours in a day and one hundred fifty-six hours in a month. Working hours are calculated from the start of the shift until the end of the shift. If performing fixed concentrated or push work at a station, the working hours and rest periods prescribed in point a, Clause 2 of Article 4 of this Circular shall apply;

b) Positions specified in points b and c, Clause 1 of this Article: Working hours shall not exceed twelve hours in a day and two hundred eight hours in a month. In cases where the train journey exceeds twelve hours, the shift system shall apply as follows: on-duty time is eight hours, rest time at the location is eight hours. At stations with high passenger traffic as stipulated, staff on rest duty shall assist in welcoming and seeing off passengers with staff starting their shift.

3. Principles for organizing working hours and rest periods for railway staff working on trains

a) Rest period after a train journey to switch to the next train journey shall be at least twelve hours. In cases where the train schedule requires it, the rest period between two train journeys can be shorter but must be equal to or greater than the working hours of the previous adjacent shift;

b) Rest period between two train journeys if performed on the train or when receiving work and waiting, moving to another location, those times shall not be considered working hours;

c) For short sections (train journeys up to eight hours) and trains implementing shift changes (rest between two train journeys) on the train, employers may apply the shift system as prescribed in Clause 2 of Article 4 of this Circular;

d) In all cases of train obstruction or accidents, positions working on trains must ensure the train returns to the designated location and only after handing over the train can they take a break. Overtime hours in such cases shall not be counted towards the total annual overtime hours, but must be paid and other benefits related to overtime hours shall be implemented according to current laws;

Article 6. Provisions on weekly leave, annual leave, holiday leave, and other leaves

Positions working on shifts and on trains as prescribed in Articles 4 and 5 of this Circular shall enjoy weekly leave, annual leave, holiday leave, and other paid leave days according to the Labor Code and guiding documents for the implementation of the Labor Code.

Article 7. Other Provisions

1. For certain tasks that cannot be performed away from the workplace, employers must arrange for employees to eat and rest on-site to ensure the work is completed.

2. Employers must arrange to ensure eating and resting places for positions where, when on duty or off duty, meals and rest must be carried out at the workplace or on board.

3. In urgent situations such as natural disasters, fires, enemy attacks, traffic accidents, employers have the right to mobilize employees to mitigate consequences and quickly restore traffic.

4. If due to the requirements of railway transportation, it is not possible to arrange for employees to take holidays according to the prescribed dates, employers must arrange for employees to make up for the missed time off in accordance with the Labor Code and its implementing regulations.

5. Overtime work, night work, and night overtime work shall be implemented in accordance with general labor laws. However, for positions involving particularly arduous, hazardous, or dangerous work, the additional working hours shall not exceed twenty-two and a half hours in a month and a total of one hundred and fifty hours in a year.

Article 8. Responsibilities of Employers in Organizations and Enterprises Engaged in Railway Transportation Production, Business, and Services

1. Based on the continuous or non-continuous nature and the volume of work, employers shall determine the actual necessary working hours in a day to arrange specific working and rest schedules suitable for each position with special characteristics under the shift system and the work schedule on trains as stipulated in this Circular, and must seek the participation opinion of the trade union before implementation.

2. Directly notify employees, record in the labor contracts, collective labor agreements, and specify the working hours and rest times in the enterprise's Labor Regulations regarding the working hours and rest times as stipulated in this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

1. This Circular takes effect from August 1, 2015.

2. This Circular replaces Circular No. 23/1998/TT-BGTVT dated February 7, 1998, issued by the Ministry of Transport on the Working Hours and Rest Times for Positions with Special Characteristics in Railway Transportation.

Article 10. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Railway Administration, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. Any difficulties encountered during implementation shall be reported to the Ministry of Transport for resolution./.