Circular No. 42/2011/TT-BGTVT guiding the implementation of working hours and rest periods for workers engaged in special nature jobs in the aviation industry.

CIRCULAR

Guidelines for implementing working hours and rest periods for workers engaged in special nature jobs in the Aviation industry

perform specialized tasks in the Aviation industry

Pursuant to the Labor Code dated June 23, 1994 and the Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2007;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

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 on working hours and rest periods, and Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 195/CP dated December 31, 1994 of the Government;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

After receiving the agreement opinion of the Ministry of Labor - War Invalids and Social Affairs at Circular No. 590/LDTBXH-ATLD dated March 3, 2011;

The Minister of Transport hereby issues guidelines for implementing working hours and rest periods for workers engaged in special nature jobs in the Aviation industry as follows:

Article 1. Scope of Regulation

These Circular stipulates working hours and rest periods for workers employed in various types of enterprises operating in the civil aviation sector established and operated under the Enterprise Law.

Article 2. Applicability

These Circular applies to workers performing the following job titles and positions:

1. Crew member;

2. Airline attendant;

3. Aircraft maintenance and repair staff;

4. Ground handling staff;

5. Air traffic information staff;

6. Air traffic control, guidance, and supervision staff;

7. Air security staff;

8. Air emergency rescue staff;

9. Flight scheduling and operation staff;

10. Airport facility and equipment operation staff;

11. Ground service staff for flight operations;

12. Air meteorology staff.

Article 3. Definitions:

1. Working hours are the period during which workers perform tasks assigned by the employer, recorded in the labor contract, labor regulations, and collective labor agreements;

2. Rest periods are the time outside of working hours.

Article 4. Working hours and rest periods for Crew Members and Airline Attendants

The working hours and rest periods for Crew Members and Airline Attendants as prescribed in Decision No. 45/2006/QD-BGTVT dated December 19, 2006 of the Minister of Transport on the Operation Regulations for Commercial Helicopter Transport and Decision No. 10/2008/QD-BGTVT dated June 13, 2008 of the Minister of Transport on Civil Aviation Safety Regulations shall be implemented until January 27, 2012; from January 28, 2012, they shall be implemented according to Circular No. 01/2011/TT-BGTVT dated January 27, 2011 of the Minister of Transport on the issuance of Civil Aviation Safety Regulations in the aircraft and aircraft operation field.

Article 5. Working hours and rest periods for Air Traffic Control, Guidance, and Supervision Staff

The working hours and rest periods for Air Traffic Control, Guidance, and Supervision Staff working at stations in remote, highland, and island areas without the condition to return home daily (working in cycles) are specified as follows:

1. The work cycle is calculated from the day the worker starts working until the end of their shift at the station (including travel time from the office to the station and vice versa). Based on the nature of the work and travel conditions, the employer and employee agree to work in cycles, but the minimum working period is two days and the maximum does not exceed fifteen days, with the total number of working hours and overtime hours of the worker not exceeding twelve hours/day, 232 hours/month; the total number of overtime hours does not exceed three hundred hours in a year;

2. After each work cycle, the employer is responsible for arranging for the worker to have a rest period equal to the number of days worked at the station, then the next work cycle can be arranged;

3. For job titles and positions stipulated in this Article, if not working in cycles, the working hours and rest periods shall be implemented according to Article 6 of this Circular.

Article 6. Working hours and rest periods for other aviation staff

Working hours and rest periods for aircraft maintenance and repair staff; ground service staff; aviation security staff; air emergency and rescue staff; air traffic control and operation staff; equipment and facility operation staff at airports; ground handling staff serving flights; aviation meteorological staff shall be implemented as follows:

1. Working hours:

a) In addition to regular working hours, employers may agree with employees to work overtime to perform tasks required by aviation activities during both day and night shifts, on weekly rest days and holidays, but must ensure that the total working hours and overtime hours of employees do not exceed 12 hours/day, 232 hours/month; the total number of overtime hours does not exceed 300 hours in a year.

b) The working hours mentioned above include the hours counted as working hours as stipulated in Clause 3, Article 3 of Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding working hours and rest periods;

c) Employers have the right to immediately mobilize employees to work without being limited by the number of working hours or overtime hours in a day in cases of emergencies threatening lives, aviation security and safety, as well as aviation property and equipment.

2. Rest periods:

a) The minimum rest period for employees is 12 hours within 24 consecutive hours;

b) Employers must arrange sufficient weekly rest days, holidays, and Tet holidays for employees; in special cases where it is impossible to rest weekly due to work cycles, employers must ensure that employees have an average of at least 4 rest days per month;

c) Employees who work on weekly rest days, holidays, and Tet holidays shall be entitled to compensatory rest days arranged by employers;

d) Rest periods and personal leave shall be implemented according to the provisions of Articles 71, 72, 73, 74, 75, and 78 of the Labor Code.

Article 7. Responsibilities of the Employer

1. Coordinate with the Trade Union Committee to disseminate the working hour and rest period regulations stipulated in this Circular and record them in labor contracts, internal regulations, or collective labor agreements.

2. Determine the actual necessary working hours in a day suitable for each position at specific workplaces and develop measures to implement the working system prescribed in this Circular.

Article 8. Effective Date

This Circular takes effect 45 days from the date of issuance.

Article 9. Responsibility for implementation

1. The Director of the Civil Aviation Authority of Vietnam is responsible for monitoring, inspecting, and evaluating the implementation of this Circular.

2. The Head of the Office, the Inspector General, the Heads of Departments, the Director of the Civil Aviation Authority of Vietnam, the Director of the Transport Health Administration, the heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.

3. During the implementation process, if any issues arise or difficulties occur, agencies, organizations, and individuals should promptly report them to the Ministry of Transport for consideration and resolution within their authority./.