Ministry of Labor, War Invalids and Social Affairs | SOCIALISTREPUBLIC OF VIETNAM |
No. 18/2021/TT-BLDTBXH | Hanoi, December 15, 2021 |
Pursuant to Clause 2 Article 68 of the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020 elaborating and guiding on implementation of some Articles of the Labor Code on labor conditions and labor relations;
Pursuant to Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 on the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
At the request of the Director of the Department of Labor safety;
The Minister of Labor, War Invalids and Social Affairs promulgates a Circular providing regulations on hours of work, hours of rest applicable to workers doing seasonal production work and processing of goods under orders.
This Circular stipulates plan preparation and implementation of hours of work, hours of rest applicable to workers doing seasonal production work and processing of goods under orders.
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1. Workers working under labor contracts of between 12 and 36 months or labor contracts of an indefinite term for the following jobs:
a) Seasonal production work in the fields of agriculture – forestry – fishery - salt production that require instant harvest or instant processing after harvest without delay;
2. 2. Employers that are prescribed in Clause 2 Article 3 of the Labor Code and whose employees do the works prescribed in the Clause 1 of this Article.
Article 3. Standard hours of work in a year
TQ = [TN - (Tt + Tp + TL)] x tn (hours)
Where:
- TQ: A worker’s standard hours of work in a year;
- TN: Number of days in a year, which is 365 in a calendar year, or 366 in a leap year;
- Tt: Total number of weekly days off in a year, determined under Article 111 of the Labor Code;
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- TL: Number of official holidays in a year, which is 11 according to the regulations in Article 112 of the Labor Code;
- Tn: Number of daily normal hours of work, which is 8 according to Article 105 of the Labor Code.
Article 4. Formulating plan for determination of daily standard hours of work
Annually, based on the standard hours of work in a year (TQ) calculated as prescribed in Article 3 of this Circular, each employer shall make a plan to determine the number of daily standard hours of work of each worker in the following cases:
1. The number of daily standard hours of work is 8
2. The number of daily standard hours of work may be more than 8 but may not exceed 12
3. The number of daily standard hours of work is from 4 to less than 8
4. A whole day-off is allowed.
Article 5. Principles of using the standard hours of work
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2. In case the number of daily standard hours of work which is less than 8 has been planned and determined under Clauses 3 and 4 of this Circular, furlough wage needs not to be paid.
3. Furlough wage must be paid for the number of daily standard hours of work already planned during which a company actually did not arrange work for its workers.
4. In case the number of daily standard hours of work which is more than 8 has been determined under the plan mentioned in Clause 2 Article 4 of this Circular, such difference in hours may not be counted as extra working time.
5. The number of actual daily hours of work in excess of the number of standard hours of work already planned under Article 4 of this Circular may be counted as extra hours of work to be added to the total number of extra hours of work in a year. At the same time, overtime pay and other relevant benefits must be provided under current regulations of the Labor Code.
Article 6. Maximum daily standard hours of work and extra hours of work
1. The total maximum number of standard hours of work and extra hours of work in a day is 12
2. Maximum weekly and monthly standard hours of work and extra hours of work are prescribed as follows:
The total maximum number of standard hours of work and extra hours of work in a week is 72.
b) The total maximum number of extra hours of work in a month is 40.
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3. Total of extra hours of work in a year of each worker shall not exceed 300 hours.
1. Workers are entitled to at least one day off (24 consecutive hours) a week. In seasonal-work months or when export goods must be urgently processed under orders, if weekly days off cannot be arranged, the employer shall arrange at least 4 days off every month for the workers.
2. During-shift and between-shift breaks for workers shall comply with the provisions of the Labor Code and Decree No. 145/2020/ND-CP.
3. The employer shall allow workers to take all official holidays, annual leave days and other paid days off; shorten hours of work and ensure hours of rest for female workers, minor workers, and elderly workers; decide on unpaid leave in accordance with the provisions of the Labor Code.
Article 8. Responsibilities of employers
1. Annually, based on their production and business plans, each employer shall take the initiative in applying their plans on normal hours of work and hours of rest according to the Labor Code, or on hours of work prescribed in this Circular.
2. In case it is decided to implement hours of work and hours of rest according to this Circular, the following contents must be fully complied with:
a) A plan of hours of work and hours of rest during the year shall be made and adjusted according to the form in the Appendix 1 issued together with this Circular. When making and adjusting the plan, it is necessary to consult the representative organization of workers at the work place. The employer shall refer to the examples in the Appendix 2 issued herewith during the formulation and implementation of the plan for hours of work and hours of rest;
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c) The employer shall pay wage to their workers according to the labor contract and regulations of the law on wage;
d) The employer shall include the report on implementation of this Circular in the annual report on occupational safety and hygiene to the Department of Labor, War Invalids and Social Affairs.
Article 9. Responsibility of Services of Labor, War Invalids and Social Affairs
1. Cooperate with related agencies in disseminating this Circular to enterprises in their provinces.
2. Regularly expedite, supervise, examine and inspect the implementation of regulations on hours of work and hours of rest at enterprises; and handle violations against legislation on labor.
3. Send annual reports on the implementation of this Circular by enterprises, agencies, organizations, cooperatives, households and individuals in their provinces to the Ministry of Labor, War Invalids and Social Affairs.
1. This Circular comes into force from January 02, 2022.
2. Circular No. 54/2015/TT-BLDTBXH dated December 12, 2015 of the Minister of Labor, War Invalids and Social Affairs on guidelines for hours of work and hours of rest applicable to workers doing seasonal production work and processing of goods under orders shall be ineffective from the date this Circular takes effect.
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PP. MINISTER
DEPUTY MINISTER
Le Van Thanh
FORM OF PLAN FOR HOURS OF WORK AND HOURS OF REST
GOVERNING BODY (1)
ENTERPRISE/BUSINESS ENTITY (2)
SOCIALISTREPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No................
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PLAN
HOURS OF WORK AND HOURS OF REST
YEAR…
- Name(2):.......................................................................................................................
- Job/work of business/production (3): ...........................................................................
- Type of business/production (4)...................................................................................
1. Average standard hours of work in a year …………… applicable to a worker working in normal conditions:TQ=
2. Apply the maximum weekly and monthly extra hours of work:
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Month
Daily standard hours of work
The number of working days in the month
Total number of hours of work
Notes
a
b
c
d
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1
2
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….
11
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12
Total
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EMPLOYER
(Signature and seal)
Instructions:
- (1):
The name of Parent Company or group ( in case it is a member enterprise in the group);
The name of controlling company (in case it is affiliated units of the controlling company);
The name of Department or provincial authority (in case it is affiliated to a Department or provincial authority);
The name of a Ministry or ministerial agency (in case it is affiliated with the Ministry or ministerial agency);
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- (2) and (3): present according to the certificate of business registration.
- (4): specify entity of the group prescribed in Point a, b Clause 1 Article 2 of this Circular
Examples of making plan for hours of work and hours of rest in the year of the company
Example 1 – Calculation of TQ for Company X
1
Number of days of 2021 (in a calendar year)
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365
2
Total number of weekly days off in 2021
Tt=
52
3
Minimum number of annual leave days
Tp=
12
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Number of official holidays
Tl=
11
5
Number of daily normal hours of work
Tn=
8
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Examples 2 - Table of plan for hours of work and hours of rest in the year of the company X (according to the Appendix 1)
Month
Daily standard hours of work
The number of working days in the month
Total number of hours of work
Notes
(a)
(b)
(c)
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(dd)
1
8
25
200
1 solar new year holiday, 05 weekly days off
2
7
8
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05 lunar new year holiday, 04 weekly days off and 11 whole days off
3
7
27
189
04 weekly days off
4
7
24
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Victory Day, Day of the death anniversary of the Hung Kings, 04 weekly days off
5
11 hours from Monday to Thursday, 10 hours on Friday and Saturday every week
25
267
International Workers’ Day, 05 weekly days off
6
11 hours from Monday to Thursday, 10 hours on Friday and Saturday every week
26
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04 weekly days off
7
8
22
176
05 annual leave days, 04 weekly days off
8
8
19
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07 annual leave days at the beginning of the month, 05 weekly days off
9
6
19
120
02 National Day, 04 weekly days off and 5 whole days off
10
10 hours from Monday to Friday, 8 hours on Saturday every week
26
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05 weekly days off
11
10 hours from Monday to Friday, 8 hours on Saturday every week
26
252
4 weekly days off
12
10 hours of the first week of the month and 8 hours on other working days in the month
25
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02 whole days off on 30 and 31 and 04 weekly days off
Total
2320
II. Examples of making plan for determination of daily standard hours of work of workers
Example 3: Worker A has worked under normal conditions for Company X for 15 years. Worker A’s standard hours of work in 2021 shall be calculated as follows:
The number of annual leave days of worker A is: 12+15/5 = 15 days
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Calculation table:
1
Number of days of 2021 (in a calendar year)
Tn=
365
2
Total number of weekly days off in 2021
Tt=
52
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Number of annual leave days
Tp=
15
4
Number of official holidays
Tl=
11
5
Number of daily normal hours of work
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8
TQ= [365 - (52 + 15 + 11)] x 8 = 2296 hours
So Worker A’s standard hours of work in 2021 is 2296 hours.
Example 4: Worker B has been working for Company Y for 15 years doing extremely arduous works. Worker B’s standard hours of work in 2021 shall be calculated as follows:
The number of annual leave days of worker B is: 16+15/5 = 19 days
Where: 16 days are determined under Article 113 of the Labor Code; 15/5 is the increase in number of leave days based on working seniority under Article 114 of the Labor Code.
Calculation table:
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Number of days of 2021 (in a calendar year)
Tn=
365
2
Total number of weekly days off in 2021
Tt=
52
3
Number of annual leave days
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19
4
Number of official holidays
Tl=
11
5
Number of daily normal hours of work
tn=
6
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So Worker B’s standard hours of work in 2021 is 1698 hours.
Example 5: According to example 3, Worker A’s standard hours of work in 2021 is 2296hours. Company X shall distribute Worker A’s number of daily standard hours of work in 2021 as follows:
Months in a calendar year
Number of daily standard hours of work
Number of working days
Total number of hours of work
Notes
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
8
25
200
01 solar new year holiday, 05 weekly days off
February
7
8
56
05 lunar new year holiday, 04 weekly days off and 11 whole days off.
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7
27
189
04 weekly days off
April
7
24
168
Victory Day, Day of the death anniversary of the Hung Kings, 04 weekly days off
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11 hours from Monday to Thursday, 10 hours on Friday and Saturday every week
25
267
International Workers’ Day, 05 weekly days off
June
11 hours from Monday to Friday, 10 hours on Saturday every week
26
282
04 weekly days off
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
8
22
176
05 annual leave days at the end of the month, 04 weekly days off
August
8
16
128
10 annual leave days at the beginning of the month, 05 weekly days off
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
6
20
120
02 National Day, 04 weekly days off and 04 whole days off
October
10 hours from Monday to Friday, 8 hours on Saturday every week
26
250
05 weekly days off
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10 hours from Monday to Friday, 8 hours on Saturday every week
26
252
4 weekly days off
December
10 hours of the first week of the month and 8 hours on other working days in the month
25
208
02 whole days off on 30 and 31 and 04 weekly days off
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
2296
III. Example of rules for using standard hours of work
Example 6: In February, Company X assigned Worker A to work 7 hours a day for 8 working days then allowed Worker A to have 11 whole days off. The company arranged work according to the plan mentioned in Example 3 above, so:
- The number of actual hours of work is 1 (= 8-7) hour fewer than the number of normal hours of work; furlough wage needs not to be paid for this 1 hour;
- Furlough wage also needs not to be paid for the 11 days off.
Example 7: In March, as required by its production and business situation, Company X assigned Worker A to work 5 hours a day for 13 working days then allowed Worker A to have 14 whole days off. So, compared to the company’s plan set out for Worker A in March in example 3 above:
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- The number of job stoppage days is 14 against the plan, so furlough wage must be paid for these 14 days.
Example 8: In September, Company X assigned Worker A to work 8 hours a day. So, compared to the company’s plan set for Worker A in September in Example 5 above, the number of actual hours of work is 2 (= 8 - 6) hour more than the number of standard hours of work. This 2 hour may be included in the total number of extra hours of work in a year and overtime pay and other relevant benefits must be provided under current regulations.
Example 9: In October, Company X assigned Worker A to work 10 hours from Monday to Friday and 8 hours on Saturday every week according to the plan mentioned in example 3 above. The number of hours of work is 2 (=10-8) hours more than the number of normal hours of work; This 2 hour may not be counted as extra working hour.
IV. Examples of maximum daily standard hours of work and extra hours of work
Example 10: To meet urgent needs, in May and June, Company X needed to arrange overtime work. The company has registered maximum monthly extra hours of work. The company may arrange with Worker A about overtime work as follows:
- 12 hours a day from Monday to Saturday.
- 33 more hours in May; 30 more hours in June.