07:25 | 22/11/2023

What are the regulations on working hours of full-time workers at offshore petroleum installations in Vietnam from December 25, 2023?

What are the regulations on working hours of full-time workers at offshore petroleum installations in Vietnam from December 25, 2023? - asked T.Q (Hanoi, Vietnam)

What are the regulations on working hours of of full-time workers at offshore petroleum installations 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 4 of Circular 20/2023/TT-BCT on working hours of and rest periods of full-time workers at offshore petroleum installations

Working sessions and shifts of full-time workers at offshore petroleum installations:

A shift shall not last for more than 12 hours in 01 day;

A working session shall not last for more than 28 days.

What are the regulations on working hours of full-time workers at offshore petroleum installations in Vietnam from December 25, 2023?

What are the regulations on rest periods of offshore petroleum workers in Vietnam from December 25, 2023?

Article 8 of Circular 20/2023/TT-BCT regulates rest periods of offshore petroleum workers in Vietnam as follows:

Rest periods
1. After each ship, workers are entitled to a rest period of at least 10 consecutive hours before starting the next shift.
2. Employers shall arrange rest breaks during working hours and include them as working hours. The total duration of rest breaks shall be at least 60 minutes. Each rest break must last for at least 30 consecutive minutes. A rest break during night work shall last for at least 45 consecutive minutes.
3. In addition to rest breaks, after each working session, full-time workers will be entitled to a continuous break that lasts for the same number of working days of the previous working session.

Thus, according to the above regulations, after each ship, offshore petroleum workers are entitled to a rest period of at least 10 consecutive hours before starting the next shift.

Employers shall arrange rest breaks during working hours and include them as working hours. The total duration of rest breaks shall be at least 60 minutes.

In addition, In addition to rest breaks, after each working session, full-time workers will be entitled to a continuous break that lasts for the same number of working days of the previous working session.

What are the regulations on public holidays for offshore petroleum workers in Vietnam?

Article 10 of Circular 20/2023/TT-BCT regulates public holidays; Personal leave; Unpaid leave as follows:

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.

Accordingly, workers have public holiday leave, personal leave and unpaid leave according the provisions of the Labor Code.

Thus, the public holiday leave for offshore petroleum workers 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, the public holiday leave for offshore petroleum workers is as follows:

- 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.

*Note: Circular 20/2023/TT-BCT comes into force from December 25, 2023.

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