Does Break Time During Working Hours Count Towards Wages for Employees?

Is break time during working hours included in the salary?

I signed a labor contract to work at a factory. I work a continuous 8-hour shift each day, so am I allowed to have a break during working hours? If so, will this break be included in my salary?

Answer: According to Article 109 of the 2019 Labor Code, the regulations on breaks during working hours are as follows:

- Employees who work according to the working hours prescribed in Article 105 of this Code for 6 hours or more in a day are entitled to a break of at least 30 continuous minutes; for night-time work, the break should be at least 45 continuous minutes.

If the employee works continuously for 6 hours or more, the break time will be counted as working hours.

- Apart from the breaks mentioned in clause 1 of this Article, the employer shall arrange additional breaks for the employees and record them in the labor rules.

Therefore, based on the above regulations, since you work a continuous 8-hour shift, you are entitled to a break of at least 30 continuous minutes (which can be more depending on the company's regulations). Thus, the break time will be counted as working hours, meaning you will receive your salary for this period.

Working hours for minors

Concerning the regulations on the employment of minors, can you clarify the working hours for minors according to the 2019 Labor Code?

Answer: According to Article 146 of the 2019 Labor Code, the working hours for minors are regulated as follows:

- The working hours for those under 15 years old should not exceed 4 hours per day and 20 hours per week; they are not allowed to work overtime or at night.

- The working hours for those aged 15 to under 18 should not exceed 8 hours per day and 40 hours per week. Those aged 15 to under 18 can work overtime and at night in certain professions and jobs as specified by the Minister of Labor - Invalids and Social Affairs.

Best regards!