What are the regulations on annual leave for offshore petroleum workers in Vietnam from December 25, 2023?
- What are the regulations on annual leave for offshore petroleum workers in Vietnam from December 25, 2023?
- What are the public holidays for offshore petroleum workers in Vietnam?
- What are the regulations on overtime for part-time workers at offshore petroleum installations in Vietnam from December 25, 2023?
What are the regulations on annual leave for offshore petroleum workers in Vietnam from December 25, 2023?
On November 8, 2023, the Ministry of Industry and Trade issued Circular 20/2023/TT-BCT on working hours and rest periods of offshore petroleum workers.
Article 9 of Circular 20/2023/TT-BCT stipulates annual leave for offshore petroleum workers from December 25, 2023 as follows:
Annual leave
In addition to breaks between working sessions, workers are entitled to annual leave according to Article 113 and Article 114 of the Labor Code. If annual leave cannot be given, the employer shall reach an agreement with the workers on spending their annual leave during the breaks between working sessions.
Thus, according to the above regulations, the annual leave for offshore petroleum workers complies with the provisions of Article 113 and Article 114 of the Labor Code 2019.
Article 113 of the Labor Code 2019 stipulates annual leave for employees as follows:
- Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
+ 12 working days for employees who work in normal working conditions;
+ 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
+ 16 working days for employees who do highly laborious, toxic or dangerous works.
- An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
In addition, the annual leave of an employee as prescribed in Clause 1 Article 113 of Labor Code 2019 shall increase by 01 day for every 05 years of employment with the same employer.
What are the regulations on annual leave for offshore petroleum workers in Vietnam from December 25, 2023? (Image from the Internet)
What are the public holidays for offshore petroleum workers in Vietnam?
Article 10 of Circular 20/2023/TT-BCT regulates leave, holidays, New Year, personal leave, and unpaid leave.
Public holidays; Personal leave; Unpaid leave
1. Workers have public holiday leave, personal leave and unpaid leave according to Article 112 and Article 115 of the Labor Code.
2. In case the public holiday occurs during a working session, the workers shall be entitled to overtime pay in accordance with regulations of law.
Thus, workers shall have public holiday leave, personal leave and unpaid leave according to Article 112 and Article 115 of the Labor Code 2019.
Thus, the public holiday leave for offshore petroleum workers in Vietnam is as follows:
Public holidays
1. Employees shall be entitled to fully paid days off on the following public holidays:
a) Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
b) Lunar New Year Holidays: 05 days;
c) Victory Day: 01 day (the 30th of April of the Gregorian calendar);
d) International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
dd) National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
e) Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
2. Foreign employees in Vietnam are entitled to 01 traditional public holiday and 01 National Day of their country, in addition to the public holidays stipulated in Clause 1 of this Article.
3. The Prime Minister shall decide the specific public holidays mentioned in Point b and Point dd Clause 1 of this Article on an annual basis.
Thus, offshore petroleum workers shall be entitled to fully paid days off on the following public holidays:
- Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
- Lunar New Year Holidays: 05 days;
- Victory Day: 01 day (the 30th of April of the Gregorian calendar);
- International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
- National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
- Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
In case the public holiday occurs during a working session, the workers shall be entitled to overtime pay in accordance with regulations of law.
What are the regulations on overtime for part-time workers at offshore petroleum installations in Vietnam from December 25, 2023?
Article 6 of Circular 20/2023/TT-BCT regulates overtime for part-time workers at offshore petroleum installations fromy December 25, 2023 as follows:
- For part-time workers, the working time outside of a shift or working session prescribed in Clause 2 Article 4 of Circular 20/2023/TT-BCT, or the working time exceeding the standard working hours per year prescribed in Clause 1 Article 5 of Circular 20/2023/TT-BCT shall be considered overtime.
- The total working hours of a shift and overtime of a worker must not exceed 14 hours per day; the total overtime of a worker must not exceed 300 hours per year.
- Overtime work is subject to consent of workers and must comply with regulations of Article 59 and Article 62 of the Government’s Decree 145/2020/ND-CP dated December 14th 2020 elaborating some Articles of the Labor Code on working conditions and labor relations.
*Note: of Circular 20/2023/TT-BCT comes into force from December 25, 2023
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