Circular No. 24/2015/TT-BCT stipulates working hours and rest periods for workers engaged in special nature jobs in offshore oil exploration and exploitation activities.

CIRCULAR

          REGULATION relating to working hours and rest periods for workers engaged in special nature jobs in the oil and gas exploration and exploitation sector at sea.

workers performing special nature jobs in the field of

exploration and exploitation of oil and gas at sea

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Labor Code No. 10/2012/QH13 adopted by the National Assembly on June 18, 2012;

Pursuant to the Oil Law of 1993; Law No. 19/2000/QH10 amending and supplementing certain articles of the Oil Law and Law No. 10/2008/QH12 amending and supplementing certain articles of the Oil Law;

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 issues this Circular stipulating working hours and rest periods for workers engaged in special nature jobs in the oil and gas exploration and exploitation sector at sea.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates working hours and rest periods for employees engaged in special natured works in the oil and gas exploration and exploitation sector at sea.

Article 2. Applicability

24. 

25. 

1. Employers are enterprises, agencies, organizations, cooperatives, households, individuals who hire and utilize labor in the oil and gas exploration and exploitation sector at sea.

2. Workers employed at offshore oil and gas facilities.

3. Seafarers in positions not covered by this Circular.

Article 3. Explanation of Terms

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

1. Offshore oil and gas facility at sea includes floating vessels, integrated equipment sets, structures constructed and installed permanently or temporarily on the sea to serve oil and gas activities.

2. Shift work period is the continuous working time of workers from their presence until departure from the offshore oil and gas facility but does not include travel time.

3. 2. Ensure sufficient number and appropriate qualifications of seafarers working on the vessel, matching the number of work shifts in a day. is the working time of workers from the start of their assignment until handing over the task to another person, including working hours and break times.

Chapter II

WORKING HOURS AND REST PERIODS

Section 1. Working Hours

Article 4. Working Hours for Regularly Employed Employees

1. Workers regularly work in shifts and on duty schedules as follows:

a. Duty schedule maximum 12 hours;

b. Shift work period maximum 28 days.

2. Employers are responsible for specifying the duty schedule and shift work period at offshore oil and gas facilities in the Labor Regulations and notify workers before they begin work.

Article 5. Working Hours for Non-Regularly Employed Employees

1. Standard Working Hours

The total standard working hours in one year for non-regularly employed employees are calculated as follows:

Where: SGLVN: Number of standard working hours in a year

                SNN: Number of days in the year

               SNHN: Annual leave days of workers according to the Labor Code

In cases where workers have not worked for a full 12 months in a year, the number of days in the year (SNN) and annual leave days (SNHN) are calculated proportionally based on the working time from when the worker began working for the employer that year.

Example 1Mr. A has been continuously working for Oil Company X since 1999 to 2015.

The additional annual leave days corresponding to 16 years of work is 3 days.

Mr. A's annual leave days in 2015 according to the Labor Code is: SNHN = 12 + 3 = 15 days

Total number of days in 2015: SNN = 365 days

Therefore, the standard working hours in 2015 for Mr. A will be:

Example 2Mr. B started working for Oil Company Y on April 1, 2015.

Mr. B's annual leave days at Oil Company Y in 2015 according to the Labor Code is: SNHN = 12 x 9/12 = 9 days

Remaining total number of days in 2015 is: SNN = 275 days

Therefore, the standard working hours in 2015 for Mr. B will be:

2. When working on offshore oil and gas facilities, workers do not regularly work in shifts and on duty schedules, specifically as follows:

a. Duty schedule maximum 12 hours;

b. Shift work period maximum 45 days.

3. Employers must agree with workers on duty schedules and shift work periods before assigning them to irregular work on offshore oil and gas facilities.

4. During non-working periods on offshore oil and gas facilities, irregular workers are arranged for compensatory rest or to perform land-based work according to labor laws.

5. The total regular working hours in a year for irregular workers shall not exceed the standard working hours prescribed in Clause 1 of this Article.

Article 6. Overtime Work

1. Working hours outside the duty schedule or shift work period prescribed in Clause 1 of Article 4 for regular workers are considered overtime working hours. Working hours outside the duty schedule or shift work period prescribed in Clause 2 of Article 5 or working hours exceeding the standard working hours in a year prescribed in Clause 1 of Article 5 for irregular workers are considered overtime working hours.

2. The total working hours and overtime hours of workers shall not exceed 14 hours/day.

3. The number of overtime hours of workers shall not exceed 50 hours/shift work period and in all cases shall not exceed 300 hours/year.

Article 7. Overtime Work in Special Cases

Special cases include: implementing mobilization orders, ensuring defense and security tasks in emergency situations regarding national defense and security; performing tasks to protect human lives, property, and surrounding environmental conditions of oil and gas facilities in disaster prevention and aftermath mitigation, fire, epidemic, and catastrophe.

2. In special cases, employers may require workers to work overtime on any day without being counted towards the daily overtime limit and the number of working days in a shift as prescribed in Clauses 2 and 3 of Article 6.

3. Employers must pay wages and other benefits for overtime work to workers.    

Section 2. Rest Time

Article 8. Rest Time

1. After each shift at sea, workers are arranged for continuous rest for a minimum of 10 hours before starting a new shift.

2. Employers are responsible for arranging rest breaks during duty schedules which are included in working hours, with a total rest break time of at least 60 minutes.

3. In addition to rest breaks during duty schedules, after each shift work period, regular workers are arranged for continuous rest for a number of days equal to the number of working days in the previous shift work period. Irregular workers are arranged for rest suitable to the situation, but it shall not be less than five consecutive days.

Article 9. Annual leave

1. Workers are entitled to annual leave, in addition to rest periods between work sessions, in accordance with the laws on labor.

2. In cases where it is not possible to arrange annual leave for workers, the employer shall negotiate with the worker regarding the annual leave during the rest periods between sessions.

Article 10. Public Holidays; Personal Leave; Unpaid Leave

1. Workers are entitled to holidays, personal leave, and unpaid leave in accordance with the laws on labor.

2. In case a public holiday coincides with a session, the employee shall be paid overtime wages in accordance with the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Implementation Organization

1. The Cadre and Civil Servant Department of the Ministry of Industry and Trade shall take the lead and coordinate with relevant agencies and units to guide, supervise, and inspect the implementation of the provisions of this Circular.

2. Employers are responsible for implementing the provisions of this Circular and related systems.

3. The Vietnam Oil and Gas Group is responsible for guiding and directing its member units and joint ventures and associated enterprises under the Vietnam Oil and Gas Group in accordance with the Charter of the Vietnam Oil and Gas Group to implement the provisions of this Circular.

4. Employers are responsible for reporting to the Ministry of Industry and Trade on a regular basis before January 15 each year and submitting special reports when required by competent authorities regarding the implementation of the provisions of this Circular.

Article 12. Effective Date

"Article 10

2. During the implementation process, if there are any difficulties, organizations and individuals shall report them to the Ministry of Industry and Trade for consideration and resolution./.