How is Rest During Working Hours Regulated? Regulations on Night Working Hours

How is break time during working hours regulated?

Regarding the regulation on break time during working hours, may I ask: How is break time during working hours regulated according to the Labor Code 2019? Thank you very much.

Answer: Article 109 of the Labor Code 2019 stipulates break time during working hours as follows:

- Employees working according to the working hours stipulated in Article 105 of this Code, for six hours or more in a day, are entitled to a continuous minimum break of 30 minutes. For night work, they are entitled to a continuous minimum break of 45 minutes.

In cases where employees work in shifts continuously for six hours or more, the break time is included in the working hours.

- In addition to the break time stipulated in Clause 1 of this Article, employers shall arrange additional break periods for employees and record them in the labor regulations.

How are night working hours regulated?

Regarding new regulations on working hours, may I ask how night working hours are regulated according to the Labor Code 2019?

Answer: Article 106 of the Labor Code 2019 stipulates night working hours as follows:

Night working hours:

Night working hours are calculated from 10:00 PM to 06:00 AM the following day.

According to the provisions of this Code:

- Normal working hours do not exceed 08 hours in a day and 48 hours in a week.

- Employers have the right to regulate working hours by day or week, but must notify employees; in case of weekly regulation, normal working hours shall not exceed 10 hours in a day and 48 hours in a week.

- The state encourages employers to implement a 40-hour workweek for employees.

Working hours of minor employees

Regarding the regulation on employing minors, may I ask: How are the working hours of minor employees regulated according to the Labor Code 2019?

The working hours of minor employees are stipulated in Article 146 of the Labor Code 2019 as follows:

- The working hours of employees under 15 years old shall not exceed 04 hours in a day and 20 hours in a week; they are not permitted to work overtime or at night.

- The working hours of employees from 15 years old to under 18 years old shall not exceed 08 hours in a day and 40 hours in a week. Employees from 15 years old to under 18 years old may work overtime and at night in certain professions and jobs according to the list issued by the Minister of Labor, Invalids and Social Affairs.

Respectfully.