What are the penalties imposed upon employers for failing to give rest breaks during working hours or breaks between shifts to employees in Vietnam?
What are the breaks between shifts for employees in Vietnam?
Article 110 of the Labor Code 2019 stipulates shift change breaks as follows:
Breaks between shifts
An employee who performs shift work is entitled to a break of at least 12 hours before beginning another shift.
Thus, according to the above regulations, an employee who performs shift work is entitled to a break of at least 12 hours before beginning another shift.
What are the penalties imposed upon employers for failing to give rest breaks during working hours or breaks between shifts to employees in Vietnam?
What are the penalties imposed upon employers for failing to give rest breaks during working hours or breaks between shifts to employees in Vietnam?
According to the provisions of Clause 4, Article 18 of Decree 12/2022/ND-CP on violations against regulations on working hours and rest periods as follows:
Violations against regulations on working hours and rest periods
...
4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.
Accordingly, employers failing to give rest breaks during working hours or breaks between shifts to employees may be fined from 5,000,000 to 75,000,000 VND depending on the number of violated workers.
Note: The above fine for individuals, the fine for organizations is 2 times the fine for individuals.
What are the regulations on shifts in Vietnam?
Pursuant to the provisions of Article 63 of Decree 145/2020/ND-CP regulating shifts and organization of shift work as follows:
Shifts and organization of shift work
1. A shift is a period of time that begins when an employee starts work and ends when he/she finishes and hand over the work to another, including working time and rest break.
2. Organization of shift work means assignment of at least 02 people or 02 groups of people who take turn to work in the same position in 24 hours.
3. Employees may do multiple consecutive shifts and include the rest break prescribed in Clause 1 Article 109 of the Labor Code in working time if the shifts are organized in accordance with Clause 2 of this Article and fully satisfy the following conditions:
a) A shift lasts at least 06 hours;
b) The break time between two shifts does not exceed 45 minutes.
Thus, shifts and organization of shift work are regulated as follows:
- A shift is a period of time that begins when an employee starts work and ends when he/she finishes and hand over the work to another, including working time and rest break.
- Organization of shift work means assignment of at least 02 people or 02 groups of people who take turn to work in the same position in 24 hours.
Note: Employees may do multiple consecutive shifts and include the rest break in working time if the shifts are organized and fully satisfy the following conditions:
- A shift lasts at least 06 hours;
- The break time between two shifts does not exceed 45 minutes.
In addition, Article 64 of Decree 145/2020/ND-CP regulates rest breaks during working hours.
- The minimum rest break of 45 consecutive minutes prescribed Clause 1 Article 109 of the Labor Code 2019 apply to employees who work at least 06 hours per day, including at least 03 hours of night work as prescribed in Article 106 of the Labor Code 2019.
- The rest break included in working time of employees doing consecutive shifts mentioned in Clause 3 Article 63 of Decree 145/2020/ND-CP shall not be shorter than 30 minutes (or 45 minutes for night work).
- The employer shall decide the time of rest break, which must not be at the beginning or the end of a shift.
- Except for the case of doing consecutive shifts specified in Clause 3 Article 63 of Decree 145/2020/ND-CP, it is recommended that the employer and employees negotiate inclusion of rest breaks in working time.
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