In Vietnam, is it mandatory to specify weekly breaks in the internal labor regulations? How many days off per week do employees get?
How many days off per week do employees in Vietnam get?
Under Article 111 of the Labor Code 2019, the regulation is as follows:
Weekly breaks
1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
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Each week an employee is entitled to a break of at least 24 consecutive hours.
Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
In Vietnam, is it mandatory to specify weekly breaks in the internal labor regulations? How many days off per week do employees get?
In Vietnam, is it mandatory to specify weekly breaks in the internal labor regulations?
Under Clause 2, Article 111 of the Labor Code 2019, the regulation is as follows:
Weekly breaks
1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.
2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.
3. In case a public holiday falls on an employee’s weekly break as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.
Thus, the employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.
What are the contents included in the internal labor regulations in Vietnam?
Under the provisions of Article 118 of the Labor Code 2019, the content is as follows:
Internal labor regulations
1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.
2. The contents of the internal labor regulations shall not be contrary to labor laws or to relevant legal provisions. The internal labor regulations shall include the following key contents:
a) Working hours and rest periods;
b) Order at the workplace;
c) Occupational safety and health;
d) Actions against sexual harassment in the workplace;
dd) Protection of the assets and technological and business secrets and intellectual property of the employer;
e) Cases in which reassignment of employees are permitted;
g) Violations against labor regulations and disciplinary measures;
h) Material responsibility;
i) The person having the competence to take disciplinary measures.
3. Before issuing or revising the internal labor regulations, the employer shall consult the employee representative organization (if any).
4. Employees must be notified of the internal labor regulations, and the major contents must be displayed at the workplace where they are necessary.
5. The Government shall elaborate this Article.
The contents of the internal labor regulations shall not be contrary to labor laws or to relevant legal provisions. The internal labor regulations shall include the following key contents:
- Working hours and rest periods;
- Order at the workplace;
- Occupational safety and health;
- Actions against sexual harassment in the workplace;
- Protection of the assets and technological and business secrets and intellectual property of the employer;
- Cases in which reassignment of employees are permitted;
- Violations against labor regulations and disciplinary measures;
- Material responsibility;
- The person having the competence to take disciplinary measures.
Note: Before issuing or revising the internal labor regulations, the employer shall consult the employee representative organization (if any)
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