Continuous 8-hour work with inter-shift breaks?

Our company has traditionally operated a single administrative shift "7:30 AM - 4:30 PM, with a lunch break of 1 hour from 11:30 AM - 12:30 PM". However, due to upcoming outsourced laundry orders, my boss wants to arrange for some workers to work additional shifts besides the aforementioned standard administrative shift as needed.Therefore, when there are additional shifts beyond the standard administrative shift, would these workers be considered as working under continuous shift policies, and is the break time in between considered as working time?

According to Official Dispatch 1290/LDTBXH-LDTL in 2015:

"Working continuously for 8 hours": is understood as working for 8 continuous hours in terms of time (including break time within the shift considered as working hours).

As stipulated in Clause 1, Article 5 of Decree No. 45/2013/ND-CP dated May 10, 2013 of the Government of Vietnam detailing some articles of the Labor Code regarding working hours, rest periods, and occupational safety and hygiene, breaks during working hours apply when organizing work in continuous shifts (3 shifts, each 8 hours; 4 shifts, each 6 hours).

Therefore, arranging shifts that satisfy the above time frame is considered continuous shifts. Continuous shifts here still include break time within the shift.

Break time during working hours is implemented according to Article 108 of the Labor Code 2012. To be specific:

- Workers working continuously for 08 hours or 06 hours as stipulated in Article 104 of this Code are entitled to a mid-shift break of at least 30 minutes, counted as working hours.

- In the case of night work, the worker is entitled to a mid-shift break of at least 45 minutes, counted as working hours.

- In addition to the mid-shift break time stipulated in Clauses 1 and 2 of this Article, the employer determines the timing of short breaks and records them in the labor regulations.

Sincerely!

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