Circular 20/2023/TT-BCT: What are the regulations on working hours of part-time workers at offshore petroleum installations in Vietnam?
- Circular 20/2023/TT-BCT: What are the regulations on working hours of part-time workers at offshore petroleum installations in Vietnam?
- * Working sessions and shifts of part-time workers at offshore petroleum installations:
- What are the regulations on overtime work for part-time workers at offshore petroleum installations in Vietnam from December 25, 2023?
- What are the regulations on overtime work in special cases for part-time workers at offshore petroleum installations in Vietnam from December 25, 2023?
Circular 20/2023/TT-BCT: What are the regulations on working hours of part-time workers at offshore petroleum installations in Vietnam?
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 5 of Circular 20/2023/TT-BCT stipulates working hours of part-time workers as follows:
* Standard working hours
The standard working hours of an part-time worker in 1 year shall be calculated as follows:
SGLVN = [(SNN-SNHN) x 12 hours]/2
Where:
SGLVN: Standard working hours per year
SNN: Number of days in the year
SNHN: Annual leave days of the worker according to the Labor Code
In case a worker has worked for less than 12 months in the year, the number of days in the year and annual leave days shall be proportional to the actual working period of the worker in the year.
Example 1: Mr. A continuously works for Company X from 2007 to 2023.
For 16 years of work, Mr. A has 3 additional leave days per year.
Mr. A's annual leave days in 2023 according to the Labor Code: 12 + 3 = 15 days
Number of days of 2023: SNN = 365 days
Standard working hours of Mr. A in 2023:
SGLVN = [(365 – 15) x 12 hours]/2 = 2100 hours
Example 2: Mr. B starts to work for Company Y from April 1st 2023.
Mr. B's annual leave days at Company Y in 2023 according to the Labor Code and Article 66 of Decree No. 145/2020/ND-CP:
SNHN = (9 months of work/12 months in the year) x 12 days = 9 days
Remaining days of 2023: SNN = 275 days
Standard working hours of Mr. B in 2023:
SGLVN = [(275 - 9) x 12 hours]/2 = 1596 hours
* Working sessions and shifts of part-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 45 days.
The employer and the part-time worker shall enter into a written agreement or reach a consensus on the working session and shift before dispatching him/her to the offshore petroleum work.
While not working at the offshore petroleum work, part-time workers shall be provided with compensatory rest period according to Clause 4 Article 8 of Circular 20/2023/TT-BCT or do onshore works under labor laws.
The total number of normal working hours of an part-time worker must not exceed the standard working hours per year specified in Clause 1 of Article 5 of Circular 20/2023/TT-BCT.
Circular 20/2023/TT-BCT: What are the regulations on working hours of part-time workers at offshore petroleum installations in Vietnam?
What are the regulations on overtime work for part-time workers at offshore petroleum installations in Vietnam from December 25, 2023?
Article 6 of Circular 20/2023/TT-BCT regulates overtime work for offshore petroleum workers from December 25, 2023 as follows:
- For full-time workers, the working time outside of a shift or working session prescribed in Clause 1 Article 4 of Circular 20/2023/TT-BCT shall be considered overtime. 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.
What are the regulations on overtime work in special cases for part-time workers at offshore petroleum installations in Vietnam from December 25, 2023?
In Article 7, Circular 20/2023/TT-BCT regulates overtime work in special cases as follows:
- Overtime work in special cases shall be organized in accordance with Article 108 of the Labor Code 2019
Overtime working in special cases
In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of this Labor Code and the employee must not decline:
1. Execution of a conscription order for the purpose of national security or national defense as prescribed by law;
2. Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.
- Employers shall provide workers with compensatory rest period that is equivalent to the overtime.
If compensatory rest period cannot be provided, the employer shall provide overtime pay and other benefits for the workers as prescribed by law.
Circular 20/2023/TT-BCT comes into force from December 25, 2022
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